general defences Flashcards
learn, memorise and apply
what is being criminally liable?
being legally responsible for one’s acts or omissions
what are the general defences?
the actus reus, mens rea and the absence thereof will give rise to a prima facie case.
what is a general defence?
available to all crimes
what is a specific defence?
available to one or a few crimes
what is a complete defence? pg 63
will see that a defendant is completely acquitted
what is a partial defence ?
will see that a defendant receives a reduced sentence.
what is an accident?
is a lawful act carried out with due care without criminal intent then the onus probandi is on the defendant
what is automatism?
an act done by the muscles without any control by the mind eg spasm, reflex action, convulsion.
what are the types of automatism?
self-induced automatism
# foreseeable
# partial automatism
what is self-induced automatism?
the accused brings about the automatism not by recklessness, it will depend on whether they knew it was a risk of getting into such a state.
what is partial automatism?
a particular circumstance that leads to the person to only have partial control over a situation.
what is foreseeable automatism?
where a person can foresee result but continue to do the action, the defence will not be available.
what are the requirements of self defence?
use reasonable force:
1) defend himself from an attack
2) prevent an attack to another person
3) defend his property
when can self defence be used?
1) in the prevention of a crime
2) in effecting or assisting a lawful arrest
3) in the extension of legal process
what is a major point of self defence?
the attack must be imminent, if you are able to get protection or avoid confrontation then the threat is not imminent.
self defence can start off as reasonable but become unreasonable/unlawful.
how do you test reasonable force?
if a reasonable person would have used such force.
what are the two concepts of self defence?
1) necessity - the force used was necessary as lesser violence would not have been adequate.
2) proportionality - force used was necessary in the situation.
what are the 3 requirement for necessity?
1) to avoid the inevitable and irreparable evil.
2) no more should be done than is reasonably necessary for the purpose to be achieved.
3)the evil avoided should not be disproportionate to the evil avoided.
what are some noteworthy point about necessity?
1) it can only be pleaded in extreme circumstances and is often unssucessful.
2) it cannot be raised for murder offences
3) more successful in medical cases
4) it cannot be used in murder offences
5) usually used in medical cases
what is duress?
1) it’s a defense used by those who were forced or compelled to commit a crime due to circumstance or threat.
2) the choice of the committing the crime is not wholly the defendant’s ( it is not a voluntary action)
3) it applies to all offenses except murder, attempted murder and treason.
what are the exceptions to duress?
1) when the defendant voluntarily put himself into a compromising position:
2) murder, treason and attempted murder
what is a mistake?
1) acts out of a mistaken belief of the circumstances it may afford him the defense.
2) defendant is prevented from forming mens rea of the crime.
what is the exception of using a mistake as a defence?
ignorance to the law is no excuse.
what are some characteristics of a mistake?
1) belief must be genuine
2) genuine and honest
3) there is no requirement for the belief to be
reasonable.
