general defences

Question 1

what are all the defences available

Answer 1

infancy
insanity
diminished responsibility
automatism
intoxication
self defence
duress
necessity
consent

Question 2

what is the defence of infancy

Answer 2

children under 10 cannot be liable complete defence

Question 3

defence of diminished responsibility

Answer 3

coroners and justice act 2009 layed this down
when som3eone was not in the correct mental state to allow for them to be fully liable
partial defence so charge would be downgraded

Question 3

defence of insanity + case

Answer 3

m’naghten case
- if they suffered from a disease of the mind and dud not know the nature of the act or what they were doing was wrong
complete defence

Question 4

defence of automatism

Answer 4

when a crime was committed involuntarily caused by an external factor such as a bee sting

Question 5

defence of intoxication + case

Answer 5

r v Kingston
being drugged/ spiked
when drinking means you lacked the mens rea of the crime
partial

Question 6

self defence + case

Answer 6

crim justice + immagration act 2008
r v Gladstone
when they needed to harm the other person to protect themselves someone else or the property
defendant can only use reasonable force
full

Question 7

duress + case

Answer 7

when a person commits a crime because they are under threat of death or serious harm
2 part graham test ( r v graham 1982)
1- was the defendant forced to act as they did
2- would the reasonable man have acted in the same or similar way
full

Question 8

necessity + case

Answer 8

when the defendant needed to commit the crime or someone else or themselves would suffer
case - Re A

Question 9

consent

Answer 9

if the victim consents the defendant may not be guilty depending on the severity of the crime
cannot consent to something above assault or battery except things such as tattoos, ear piercings, surgery
r v brown
r v dica