General Defences

Question 1

Automatism = Involuntary loss of control

Specific Intent Offence -vol. Intox = defence as can show d/not have required mens rea)

Basic Intent Offence - vol. Int NOT = defence BUT invol intox = defence as can show lacked mens rea.

Can inclu drink & drugs. Courts will consider effect of drugs taken.

Drunken Mistaken belief = Defence fro criminal damage BUT NOT murder/rape.

Insanity - def burden proof (M’Naughten Rules).

Disease of the mind at time of the act. Q of law NOT medical!!

Can use LETHAL FORCE for 
defending person from unlawful violence
arresting someone lawfully
Riot/Insurrection
Prevent escape
KIV article 2

Answer 1

Defence of mistake must be of fact NOT law.
KIV Theft Act if believe have right to it in law.

DURESS - Threat of immediate death/serious injury but NOT (att) murder.

Duress of circs. will be judged against reasonableness of
Honest held belief - Not necessary to have reasonable grounds to believe.

Defence of ( SCALD)

• Self
• Prevention of crime
• Assist others
• Lawful arrest
• Defence of property

s3 Criminal Law Act 1967 - force as reasonable in circs to prevent crime or arrest suspect/persons unlawfully at large. (belief of def can be mistaken belief)

Can use disproportionate force to protect self in house (but not grossly) but not to protect property alone.