general defences

Question 1

what is being criminally liable?

Answer 1

being legally responsible for one’s acts or omissions

Question 2

what are the general defences?

Answer 2

the actus reus, mens rea and the absence thereof will give rise to a prima facie case.

Question 3

what is a general defence?

Answer 3

available to all crimes

Question 4

what is a specific defence?

Answer 4

available to one or a few crimes

Question 5

what is a complete defence? pg 63

Answer 5

will see that a defendant is completely acquitted

Question 6

what is a partial defence ?

Answer 6

will see that a defendant receives a reduced sentence.

Question 7

what is an accident?

Answer 7

is a lawful act carried out with due care without criminal intent then the onus probandi is on the defendant

Question 8

what is automatism?

Answer 8

an act done by the muscles without any control by the mind eg spasm, reflex action, convulsion.

Question 9

what are the types of automatism?

Answer 9

self-induced automatism
# foreseeable
# partial automatism

Question 10

what is self-induced automatism?

Answer 10

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.

Question 11

what is partial automatism?

Answer 11

a particular circumstance that leads to the person to only have partial control over a situation.

Question 12

what is foreseeable automatism?

Answer 12

where a person can foresee result but continue to do the action, the defence will not be available.

Question 13

what are the requirements of self defence?

Answer 13

use reasonable force:
1) defend himself from an attack
2) prevent an attack to another person
3) defend his property

Question 14

when can self defence be used?

Answer 14

1) in the prevention of a crime
2) in effecting or assisting a lawful arrest
3) in the extension of legal process

Question 15

what is a major point of self defence?

Answer 15

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.

Question 16

how do you test reasonable force?

Answer 16

if a reasonable person would have used such force.

Question 17

what are the two concepts of self defence?

Answer 17

1) necessity - the force used was necessary as lesser violence would not have been adequate.
2) proportionality - force used was necessary in the situation.

Question 18

what are the 3 requirement for necessity?

Answer 18

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.

Question 19

what are some noteworthy point about necessity?

Answer 19

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

Question 20

what is duress?

Answer 20

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.

Question 21

what are the exceptions to duress?

Answer 21

1) when the defendant voluntarily put himself into a compromising position:

2) murder, treason and attempted murder

Question 22

what is a mistake?

Answer 22

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.

Question 23

what is the exception of using a mistake as a defence?

Answer 23

ignorance to the law is no excuse.

Question 24

what are some characteristics of a mistake?

Answer 24

1) belief must be genuine
2) genuine and honest
3) there is no requirement for the belief to be
reasonable.

Question 25

what is consent?

Question 26

what is insanity?

Answer 26

is a defense available for all crimes and is usually used as a defense where persons are deemed insane.

it can be raised by the prosecution, judge or denfandant.

Question 27

what are the requirements of insanity?

Answer 27

!) the offender is in custody and is clearly insane
2) unfit to plead (decided by the judge and not the jury). not able to follow proceedings
3) insanity at the time of the offence.

Question 28

what is infanticide ?

Question 29

what is intoxication?

Question 30

what is provocation?

Answer 30

1) sudden loss of self-control as a direct result of things done or said by another person

2)only applies to murder

3) can be used as a complete

4) can be used as a partial defense which would reduce the liability from murder to manslaughter.

Question 31

what are the requirements for provocation?

Answer 31

things done by or things said which caused him to loose self-control and commit the murder in question.

loss of control must be temporary or complete