General Defences

Question 1

What is the automatism defence

Answer 1

That the act is involuntary - That it is an involuntary reflex action brought about by a complete destruction of voluntary control

Question 2

Can a person be held liable in a total loss of self-control

Answer 2

No

Question 3

What are examples involuntary actions internal and external

Answer 3

Internal - sneezing, fits, cramps

External swarm of bees

Question 4

intoxication defence - is there a defence in relation to voluntary intoxication

Answer 4

No in relation to basic intent offences as a drunk person can form some intent. However in relation to specific intent then a person may have a defence

Question 5

Intoxication defence - is there a defence in relation to involuntary intoxication

Answer 5

Yes in relation to both specific and basic intent

Question 6

Is dutch courage an intoxication defence

Answer 6

No - As the person would have formed the intent prior to the drink

Question 7

Will intoxication by misjudging the strength of the alcohol that is voluntarily consumed be deemed as voluntary intoxication

Answer 7

No

Question 8

If a person forms the relevant mens rea despite being drunk will they not be guilty due to voluntary or involuntary intoxication

Answer 8

No a person may be found guilty.

Question 9

Can a mistaken belief due to intoxication provide a defence

Answer 9

In relation to criminal damage - damaging someone elsese door as they can not get in

In relation to Murder / Rape -NO

Question 10

Who bears the burden of proof to establish insanity

Answer 10

The defence on a balance of probabilities

Question 11

When will a mistake form a defence

Answer 11

When it is honest and genuine

Question 12

Can a mistake to the not believing lawfulness of their arrest be a defence

Answer 12

No - A person can not judge the lawfulness of their arrest.

Question 13

Can a child under 10 commit and offence

Answer 13

No Dolix Incapax

Question 14

When will a person have a duress defence

Answer 14

When a person is either threatened with death or serious physical injury of either themselves or another.

Question 15

If a person is in a gang can they claim duress

Answer 15

No

Question 16

Can duress be claimed if the threat is due to cause psychological harm

Answer 16

No

Question 17

Can a duress defence be used in relation to Murder or Attempted Murder

Answer 17

No

Question 18

Can lethal force be used in relation to someone who is damaging property if it is proportionate

Answer 18

No

Question 19

What is automatism

Answer 19

This is not a voluntary action - This is a total loos of control and therefore stops the forming of criminal intent.

Question 20

What is the best way to describe automatism

Answer 20

A complete destuction of voluntary control.

Question 21

Can involuntary intoxication be raised in answer to a charge of specific intent

Answer 21

Yes

Question 22

Can involuntary intoxication be raised in answer to a charge of basic intent

Answer 22

Yes

Question 23

Can voluntary intoxication be raised in answer to the charge of specific intent

Answer 23

Yes - The intoxication may stop the persons forming specific intent

Question 24

Can voluntary intoxication be raised in answer to a charge of basic intent

Answer 24

No - You are voluntarily intoxicated.

Question 25

Can you mistakenly damage you own property when drunk - ie locked out breaking the window to a house you think is yours

Answer 25

Yes

Question 26

Can you mistakingly rape someone - ie whilst drunk you mistake consent.

Answer 26

No

Question 27

Where a person wishes to raise insanity as a defence where does the burden of proof lie

Answer 27

With the defence.

Question 28

What is insanity legally referred to

Answer 28

A disease of the mind.

Question 29

Can an epileptic fit or a hypoglycemic episode activate the insanity defence

Answer 29

Yes

Question 30

If the defence for insanity is successful a special verdict is given.. what is this

Answer 30

Not guilty by insanity afforded by the trial of lunatics act.

Question 31

If a verdict of not guilty of insanity is given what option does the court have

Answer 31

They have a range of orders including hospital orders.