General defences Flashcards
options when charged with a criminal offence
guilty - accepting factual basis
not guilty - argue no involvement - someone else committed the crime
not guilty - argue a defence - accepting that he was involved but defending or excusing his liability
classification of defences
general - applies to all offence
specific - applies to only some offences
complete - rids D of liability
partial - reduces liability
burden of proof
prosecution bears this - proving the individual committed the offence and equally disprove the defence
intoxication
refers to the situation where D is either drunk or inebriated due to taking drugs
factors of intoxication
- voluntary or involuntary intoxication
- basic or specific intent offence
- consume a dangerous or non dangerous intoxicant?
dutch courage
cannot be used as a defence
specific intent
defence of intoxication is available as long as D lacks the mens rea
basic intent
defence of intoxication is not available
dangerous drug
alcohol and illegal drugs - defence of intoxication
non-dangerous drug
soporific or sedative or prescription medications
involuntary intoxication
spiked drinks, ingests non dangerous drugs in line with medical advice
self-defence or defence of another
protect himself or another
protect his property
prevent a crime or make a lawful arrest
elements of self defence
the use of force by D was necessary in the circumstances as they believed them to be
the use of force by D was reasonable in all the circumstances as D believed them to be
factors of necessity
mistaken beliefs, unreasonable beliefs, intoxicated mistakes
mistaken beliefs
belief although mistaken was genuinely held
unreasonable beliefs
the more unreasonable a belief the less likely it will have been genuinely held
intoxicated mistakes
genuine belief in the need to use self defence if that has resulted in mental illness caused by long term use of alcohol
reasonable force
regarded to be proportionate in the circumstances
what circumstances can SD be used
yourself, others and property and in the prevention of crime or the apprehension of offenders
what is necessary use of force
subjective, whether it was necessary in the circumstance as D believed them to be
who amounts to a householder
any person lawfully residing in a dwelling
who is a trespasser
focus on whether D believed the intruder to be a trespasser
does building just mean a house
no, this includes, vessels, vehicles etc. used as a dwelling and where an intruder has entered part of a building that is adjoined to a dwelling
can a householder use disproportionate forces and claim defence
is it reasonable in the circumstances? question for finders of fact as to whether this amounts to reasonable force.
