General defences Flashcards
Automatism
Involuntary action you have no control over
Basically the absence of actus reus
Complete loss of control + caused by an external factor + not self-induced
E.g. swarm of bees
Intoxication
May be a defence
No defence for crimes of basic intent if it is voluntary intoxication
May be a defence for all other cases
Depends on the level of intoxication
Defence if D is so intoxicated that are incapable of forming intent, regardless of whether intoxication was voluntary or not
Involuntary intoxication categories
Non-voluntary consumption of alcohol
Use of prescription drugs in accordance with instructions but it has some unknown effect on them
Voluntary consumption of a non-dangerous drug unless D was reckless
If D was intoxicated and mistakenly believed the property they damaged was theirs, is this a defence for criminal damage?
Yes but only applies to criminal damage
Mistake
A mistake can be a defence if it negates the mens rea
E.g. walking out a shop without paying accidentally removes mens rea as you aren’t dishonest
Test is whether Ds mistaken belief was an honest and genuine one
Can only relate to a matter of fact, not law
Duress
May use defence of duress if a person is threatened with DEATH or SERIOUS PHYSICAL INJURY unless they commit an offence
Test:
1 - was D forced to act because they reasonably believed as a result of the threat they or another would be killed or seriously harmed?
2 - would a sober person of reasonable firmness sharing the characteristics of D reasonably believe the threat responded in the same way?
Applies to all offences except murder and attempted murder
Threat must be operative at the time - doesn’t need to be immediate but not too far in the future
Not available if they had a chance to neutralise the threat e.g. gone to police
Not available if they joined a violent gang or terrorist organisation
Must be a specific threat e.g. rob this bank, not get money so you decide to rob bank to get it
Duress of circumstances
When circumstances leave D no choice but to commit an offence
Must be a necessary action
E.g. separating conjoined twins
Jury must ask:
1 - did they have to act because they reasonably believed death or serious injury would occur if they didn’t?
2 - would a sober person of the same characteristics have acted as they did?
Ds actions must be reasonable and proportionate
E.g. driving while disqualified because wife said she would commit suicide if he didn’t drive son to work
Threatening circumstance does not need to be real or a criminal offence
Defence not available for murder, attempted murder, treason or offences under Misuse of Drugs Act 1971.
Defence of self, others or property - human rights
1 - Art 2 HRA - right to life
Can use force which is no more than absolutely necessary:
In defence of any person from unlawful violence
In order to effect a lawful arrest or to prevent escape of a person lawfully detained
For lawfully quelling a riot or insurrection
This can apply to murder e.g. police officer using lethal force to protect the life of another
Defence of self, others or property - criminal law act
s3 Criminal Law Act 1967
May use force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large
Ds use of force must be reasonable for the circumstances as D believed them to be e.g. D believed they had a knife even if they didn’t
Defence of self, others and property - criminal justice and immigration act
s76 Criminal Justice and Immigration Act 2008
Provides clarification on the operation of existing common law and statutory defences
So covers common law of self defence
Basically a person may force as is reasonable in the circumstances as he believes them to be for the purpose of:
Self defence
Defence of another
Defence of property
Prevention of crime
Lawful arrest
Householder cases
S43 Crime and Courts Act 2013 amends s76 so use of disproportionate force can be regarded as reasonable in the circumstances as D believed them to be when householders are acting to protect themselves or others from trespassers in their homes (self defence)
Grossly disproportionate force is still not permitted
Defence of property
S76 makes it clear that is covers defence of defence of property
S3 covers reasonable force for prevention of crime so if a person is acting to prevent a crime against their property, they may use reasonable force
Police officers
Liable like any other person
But can use general defences like anyone else
Infancy
Children under 10 do not have criminal responsibility
