general defences

Question 1

what is the definition of intoxication?

Answer 1

The defendant needs to be so intoxicated that they were incapable of forming the mens rea of a criminal offence

Question 2

what are the 4 types of intoxicants?

Answer 2

1) alcohol, 2) prescription drugs, 3) illegal drugs, 4), solvents

Question 3

what needs to happen for a substance to be classed as an intoxicant?

Answer 3

the substance must have the expected side effects to be classed as an intoxicant

Question 4

what are the 2 requirements for intoxication

Answer 4

is the offence a specific or basic intent offence, was the intoxication voluntary or involuntary.

Question 5

what is the definition of voluntary intoxication

Answer 5

the defendant takes something knowing or which he should have known was an intoxicant.

Question 6

what was found in the case of R v Allen

Answer 6

the defendant doesn’t need to know the strength of the intoxicant

Question 7

what was the developing law of voluntary intoxication and specific intent offences and what was the test?

Answer 7

If D was so drunk that the was incapable of forming the intent required then he couldn’t be convicted ofa crime. DPP v Beard

Question 8

what is the modern day test for voluntary intoxication and specific intent offences.

Answer 8

R v Sheehan and Moore

Question 9

what did Wiggerly LJ say about R v Lipman

Answer 9

D couldn’t be convicted of murder because specific intent could not be proven, he could still be convicted of manslaughter.

Question 10

what decision was made from A-G for Northern Ireland v Gallagher (1963)

Answer 10

If a man, whilst sane and sober forms an intention to kill and makes preparation he cannot rely on this self-induced drunkenness as a defence to a charge of murder nor reducing it to murder

Question 11

what are the 3 requirements of non insane automatism?

Answer 11

1) defendants actions must be involuntary, 2) the actions must be cause by external factors, 3) automatism cannot be self induced

Question 12

what are the 3 requirements of insane automatism

Answer 12

1) a defect of reason ( R v Clarke), 2) a disease of mind( R v Kemp), 3) not knowing the nature and quality of the act( R v Johnson).

Question 13

what rule was found in M’Naghten

Answer 13

every man is to be resumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction”

Question 14

what type of defence is self defence

Answer 14

complete defence ( be found not guilty as they have a lawful excuse)

Question 15

what are the 2 types of duress

Answer 15

duress of threats and duress of circumstances.

Question 16

what is the definition of duress of circumstances

Answer 16

the circumstance as such that the defendant are such that the defendant has to commit an offence. R v Martin

Question 17

what defines duress by threats

Answer 17

A-G v Whelan

Question 18

what case did the 7 requirements arise from

Answer 18

R v Hasan

Question 19

what are the 7 requirements of duress

Answer 19

1. duress wont be a defence for murder
2. defence must be founded on a threat to cause death or serious injury
   3.threat must be directed at an immediate family
3. the test is to b e considered objectively
4. only available when the criminal conduct has been directly caused by the threats
   6.defendant must have had no other choice but to carry out the offence
5. defendant cannot rely on duress if he has voluntarily laid himself open

Question 20

what case does not allow for a duress and murder

Answer 20

R v Howe

Question 21

whom is classed as immediate

Answer 21

the defendant
immediate family
someone close to the victim

Question 22

what case determines that characteristics can be taken into consideration

Answer 22

R v Bowen

Question 23

what are 2 cases for duress of circumstances

Answer 23

R v Willer and R v Conway

Question 24

what would happen if the defence of Automatism is applied.

Answer 24

Automatism is a general defence which results in removing criminal liability from a defendant

Question 25

what case defines automatism.

Answer 25

Bratty v A-G Northern Ireland

Question 26

what are the 3 requirements form automatism

Answer 26

1. involuntary- complete loss of control
2. By an external factor
3. Not be self induced

Question 27

why was the defence in Broome v Perkins failed

Answer 27

the defence of automatism wasn’t available as the D swerved out the way

Question 28

why did the the defence of automatism in A-G No2 1992 fail

Answer 28

driving without awareness was not capable of founding a defence of automatism.

Question 29

what rule was found In A-G No 2 1992

Answer 29

a total destruction of voluntar y control on the defendant’s part.

Question 30

in R v Kemp the D’s arteriosclerosis wasnt aloud for defence of automatism.

Answer 30

as it wasn’t an internal factor/ insanity

Question 31

What was the external factor that was allowed in R v T

Answer 31

the serious assault could satisfy the requirement for an “external factor”

Question 32

what type of diabetes can be allowed for the defence of Automatism.

Answer 32

Hyperglycaemic state

Question 33

what came out of R v Bailey

Answer 33

For a basic intent offence, self induced automatism would not provide a defence if there is evidence that the defendant had been reckless in failing to eat after taking the insulin

Question 34

what section can self defence be found

Answer 34

s76 CJA 2008

Question 35

what are the 2 requirements for self defence

Answer 35

1. was the force used necessary
   2.if the use of force was necessary, was it proportionate or reasonable to the harm/risk.

Question 36

What is the test for “necessary”

Answer 36

subjective test

Question 37

what was held in R v O’Grady

Answer 37

the defence was not available as the defendant was voluntarily intoxicated