General Defences Flashcards
1
Q
Automatism
A
– an absence of the Actus Reus because the act is involuntary
Does NOT include alcohol, cannot be self induced
Automatism is a total loss of control of their actions
2
Q
A
3
Q
Intoxication
A
No general defence
Consider the Mens Rea only?
4
Q
Involuntary Intoxication
A
- non voluntary consumption of drugs / alcohol.
-use of prescription drugs in accordance with the instructions
5
Q
Duress - test used by courts
A
- Threated with death or serious injury
Was D forced to act because they reasonably believed as a result of the threat / act that
They or Another Would be killed or seriously harmed
And
Would a sober person of reasonable firmness, sharing the characteristics of the D reasonably believing the threat, respond in the same way
6
Q
A
