General Defences Flashcards
Name the 5 General defences in Paper 1 Criminal Law
1) Intoxication
2) Self defence
3) Automatism
4) Insanity
5) Duress
Is intoxication a usable offence when it is involuntary
Yes, to both specific and basic intent crimes.
Is intoxication a usable offence when it is voluntary
Voluntary intoxication is a defence to specific intent crimes
What is dutch courage?
Where D gets intoxicated in order to build up the courage to commit the crime
What is the first element of Self defence
The force must be necessary based on D’s belief
What is second element of Self defence
D may only use reasonable force however is not expected to “weight to a nicety the exact measure of any necessary action”.
Case for Self defence?
R v Bird
Is Automatism a complete defence or partial?
Complete Defence
What is the first element
A total loss of voluntary control, eg. muscle spasms
What is the second element
The automatism must result from an external source, eg. a blow to the head
When is it not available?
When D is responsible for a loss of control
What is the case for an involuntary act
Bratty
What is the case for self-induced automatism
Bailey
Whose rules is insanity set out by
M’Naghten
What is the first element of insanity
Suffering from defect of reason
What is the second element of insanity
The defect of reason must cause a disease of the mind, e.g epilepsy
What is the last element of insanity
D must not know the nature and quality of his acts
What is Duress
D has committed the offence because he has been threatened by death or serious injury.
What is the first element of duress
Must have an “order” to commit a specific intent crime
Does the threat need to be carried out immediately
No, it needs to be able to be carried out immediately
The second element of duress?
the threat has to be so great that it overbears ordinary powers of human resistance
What needs to be taken into account when considering duress?
Characteristics such as age, sex, pregnancy, and mental illness, but not a low IQ
