General Defences Flashcards
What is the automatism defence
That the act is involuntary - That it is an involuntary reflex action brought about by a complete destruction of voluntary control
Can a person be held liable in a total loss of self-control
No
What are examples involuntary actions internal and external
Internal - sneezing, fits, cramps
External swarm of bees
intoxication defence - is there a defence in relation to voluntary intoxication
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
Intoxication defence - is there a defence in relation to involuntary intoxication
Yes in relation to both specific and basic intent
Is dutch courage an intoxication defence
No - As the person would have formed the intent prior to the drink
Will intoxication by misjudging the strength of the alcohol that is voluntarily consumed be deemed as voluntary intoxication
No
If a person forms the relevant mens rea despite being drunk will they not be guilty due to voluntary or involuntary intoxication
No a person may be found guilty.
Can a mistaken belief due to intoxication provide a defence
In relation to criminal damage - damaging someone elsese door as they can not get in
In relation to Murder / Rape -NO
Who bears the burden of proof to establish insanity
The defence on a balance of probabilities
When will a mistake form a defence
When it is honest and genuine
Can a mistake to the not believing lawfulness of their arrest be a defence
No - A person can not judge the lawfulness of their arrest.
Can a child under 10 commit and offence
No Dolix Incapax
When will a person have a duress defence
When a person is either threatened with death or serious physical injury of either themselves or another.
If a person is in a gang can they claim duress
No
Can duress be claimed if the threat is due to cause psychological harm
No
Can a duress defence be used in relation to Murder or Attempted Murder
No
Can lethal force be used in relation to someone who is damaging property if it is proportionate
No
What is automatism
This is not a voluntary action - This is a total loos of control and therefore stops the forming of criminal intent.
What is the best way to describe automatism
A complete destuction of voluntary control.
Can involuntary intoxication be raised in answer to a charge of specific intent
Yes
Can involuntary intoxication be raised in answer to a charge of basic intent
Yes
Can voluntary intoxication be raised in answer to the charge of specific intent
Yes - The intoxication may stop the persons forming specific intent
Can voluntary intoxication be raised in answer to a charge of basic intent
No - You are voluntarily intoxicated.
Can you mistakenly damage you own property when drunk - ie locked out breaking the window to a house you think is yours
Yes
Can you mistakingly rape someone - ie whilst drunk you mistake consent.
No
Where a person wishes to raise insanity as a defence where does the burden of proof lie
With the defence.
What is insanity legally referred to
A disease of the mind.
Can an epileptic fit or a hypoglycemic episode activate the insanity defence
Yes
If the defence for insanity is successful a special verdict is given.. what is this
Not guilty by insanity afforded by the trial of lunatics act.
If a verdict of not guilty of insanity is given what option does the court have
They have a range of orders including hospital orders.
