General defences

Question 1

options when charged with a criminal offence

Answer 1

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

Question 2

classification of defences

Answer 2

general - applies to all offence

specific - applies to only some offences

complete - rids D of liability

partial - reduces liability

Question 3

burden of proof

Answer 3

prosecution bears this - proving the individual committed the offence and equally disprove the defence

Question 4

intoxication

Answer 4

refers to the situation where D is either drunk or inebriated due to taking drugs

Question 5

factors of intoxication

Answer 5

1. voluntary or involuntary intoxication
2. basic or specific intent offence
3. consume a dangerous or non dangerous intoxicant?

Question 6

dutch courage

Answer 6

cannot be used as a defence

Question 7

specific intent

Answer 7

defence of intoxication is available as long as D lacks the mens rea

Question 8

basic intent

Answer 8

defence of intoxication is not available

Question 9

dangerous drug

Answer 9

alcohol and illegal drugs - defence of intoxication

Question 10

non-dangerous drug

Answer 10

soporific or sedative or prescription medications

Question 11

involuntary intoxication

Answer 11

spiked drinks, ingests non dangerous drugs in line with medical advice

Question 12

self-defence or defence of another

Answer 12

protect himself or another
protect his property
prevent a crime or make a lawful arrest

Question 13

elements of self defence

Answer 13

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

Question 14

factors of necessity

Answer 14

mistaken beliefs, unreasonable beliefs, intoxicated mistakes

Question 15

mistaken beliefs

Answer 15

belief although mistaken was genuinely held

Question 16

unreasonable beliefs

Answer 16

the more unreasonable a belief the less likely it will have been genuinely held

Question 17

intoxicated mistakes

Answer 17

genuine belief in the need to use self defence if that has resulted in mental illness caused by long term use of alcohol

Question 18

reasonable force

Answer 18

regarded to be proportionate in the circumstances

Question 19

what circumstances can SD be used

Answer 19

yourself, others and property and in the prevention of crime or the apprehension of offenders

Question 20

what is necessary use of force

Answer 20

subjective, whether it was necessary in the circumstance as D believed them to be

Question 21

who amounts to a householder

Answer 21

any person lawfully residing in a dwelling

Question 22

who is a trespasser

Answer 22

focus on whether D believed the intruder to be a trespasser

Question 23

does building just mean a house

Answer 23

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

Question 24

can a householder use disproportionate forces and claim defence

Answer 24

is it reasonable in the circumstances? question for finders of fact as to whether this amounts to reasonable force.