General Defences Flashcards
What is meant by automatism?
Something happens that is totally out of your control. There is no cactus reus
What are some examples of automatism?
- Swarm of bees enter car and collision happens, sneeze when driving and collision happens. Cannot be self induced.
What is meant by intoxication?
Alcohol, unlawful drugs, medication, involuntary and voluntary
You can never have a ________ in voluntary intoxication?
a defence - you have basic intent/recklessness.
e.g. if you drink alcohol and assault someone, voluntary intoxication is not a defence.
What are some examples of offences that have specific intent and therefore a defence of intoxication would not work?
Burglary 9 (1) (a), murder and GBH with intent
What are 3 categories on involuntary intoxication?
- Non-voluntary consumption e.g. spiking
- Use of prescriptions of drugs
- Voluntary consumption of a non-dangerous drug unless the intent was reckless
What is meant by invertence and mistake?
A mistake can be a defence if it negates the mens era for the offence e.g. accidentally walking out of a shop without paying for the items. Can only be a FACT not a matter of law
What is meant by duress?
If a person is threatened with death or serious physical injury to themselves or another. Must be threat of ‘do this or else’
What is the 2 part test in duress?
1) subjective test - was the defendant forced to act because they believed because of a threat they would be killed or seriously harmed
2) objective test - would someone with the same characteristics respond in the same way?
What the defence of duress not be used for?
- Attempted murder or murder
- if they had the chance to neutralise the threat and gone to the Police.
What is meant by self-defence, others and property?
Allows individual to use force to protect self, protect other people, protect their property.
- pre-emptive strike and duty to retreat
What is meant by the defence infancy?
Children under 10 do not have a criminal responsibility.
