General Defences

Question 1

Name the 5 General defences in Paper 1 Criminal Law

Answer 1

1) Intoxication
2) Self defence
3) Automatism
4) Insanity
5) Duress

Question 2

Is intoxication a usable offence when it is involuntary

Answer 2

Yes, to both specific and basic intent crimes.

Question 3

Is intoxication a usable offence when it is voluntary

Answer 3

Voluntary intoxication is a defence to specific intent crimes

Question 4

What is dutch courage?

Answer 4

Where D gets intoxicated in order to build up the courage to commit the crime

Question 5

What is the first element of Self defence

Answer 5

The force must be necessary based on D’s belief

Question 6

What is second element of Self defence

Answer 6

D may only use reasonable force however is not expected to “weight to a nicety the exact measure of any necessary action”.

Question 7

Case for Self defence?

Answer 7

R v Bird

Question 8

Is Automatism a complete defence or partial?

Answer 8

Complete Defence

Question 9

What is the first element

Answer 9

A total loss of voluntary control, eg. muscle spasms

Question 10

What is the second element

Answer 10

The automatism must result from an external source, eg. a blow to the head

Question 11

When is it not available?

Answer 11

When D is responsible for a loss of control

Question 12

What is the case for an involuntary act

Answer 12

Bratty

Question 13

What is the case for self-induced automatism

Answer 13

Bailey

Question 14

Whose rules is insanity set out by

Answer 14

M’Naghten

Question 15

What is the first element of insanity

Answer 15

Suffering from defect of reason

Question 16

What is the second element of insanity

Answer 16

The defect of reason must cause a disease of the mind, e.g epilepsy

Question 17

What is the last element of insanity

Answer 17

D must not know the nature and quality of his acts

Question 18

What is Duress

Answer 18

D has committed the offence because he has been threatened by death or serious injury.

Question 19

What is the first element of duress

Answer 19

Must have an “order” to commit a specific intent crime

Question 20

Does the threat need to be carried out immediately

Answer 20

No, it needs to be able to be carried out immediately

Question 21

The second element of duress?

Answer 21

the threat has to be so great that it overbears ordinary powers of human resistance

Question 22

What needs to be taken into account when considering duress?

Answer 22

Characteristics such as age, sex, pregnancy, and mental illness, but not a low IQ