General Defences Flashcards
Which case tells us that where D has the the required MR even when intoxicated, there is no defence?
Kingston
Specific intent crimes committed whilst intoxicated may be reduced to their ______ _______ alternative.
Basic intent
Involuntary intoxication is a f____ d______ provided D lacks the MR
Full defence
In which case did D take a drug which had an unknown side effect (a soporific effect)?
Hardie
Automatism is defined as ‘an act done by the ______ without any control of the _____’ (B_____)
Muscles, mind, (Bratty)
What were given as examples of external causes in Hill v Baxter?
Blow to the head, a swarm of bees
For automatism, there must be a ‘t_____ loss of v_______ c_______’
Total, voluntary control
Which case show that where D is reckless and causes self-induced automatism, there is no defence for basic intent crimes and a partial defence for specific intent crimes?
Quick - suffered hypoglycemia as a result of not eating
For insanity, the 3 M’Naghten rules must be satisfied. What is the first one?
Defect of reason, where D’s powers of reasoning must be impaired
A defect of reason ‘must be more than a_______ or c______’ (C_____)
Absentmindedness, confusion, (Clarke)
A disease of the mind can be physical or psychlogical provided it affects the ‘mental faculties of r_____, m______ and u_______’ at the time of the offence (Sullivan)
Reason, memory, understanding
What is the 3rd of the M’Naghten rules?
Understanding the nature and the quality of the act
What does the ‘nature’ of the act mean?
It’s characteristics
The quality of the act concerns its c_______
Consequences
True or false: delusional motives will be sufficient for insanity
False
In self-defence, the force must be n______ and is based on the facts as D honestly believed them to be (W_______(Gladstone))
Necessary, (Williams)
Which case tells us that D can prepare in self-defence?
Attorney General’s Ref. No 2 of 1983
What did D do in Beckford which was acceptable in self-defence?
Made a pre-emptive strike - shot a suspect believing him to be armed and dangerous
In self-defence, force must be p______. Name two characteristics which could be taken into account when balancing interests
Nature of threat, age, sex, state of mind, opportunity for reflection
Self-defence must involve ‘reasonable force’: in which section of the Criminal Justice and Immigration Act can this be found?
s76(1)(b)
s3(1) of the Criminal Law Act 1967 states ‘a person may use such force as is reasonable in the circumstances for the p_______ of c_____’.
Prevention, crime
Which case gives us the two-part test for duress by threats?
Graham
Subjective test for duress: ‘was D forced to act because he feared d____ or s____ i____ to himself or someone they felt r________ of’?
Death, serious injury, responsible
In which case did the defendants have time to warn the police about the threats to their lives?
Hudson and Taylor
