Homicide Defences - Definitions Flashcards
What is the definition of ‘justified’?
Means that the person is not guilty of an offence and is liable civilly.
What is the definition of ‘protected from criminal responsibility’?
Means the person is not guilty of an offence but civil liability may still arise.
What is the rough definition of ‘disease of the mind’?
A term which defies precise definition and which can comprehend mental derangement in the widest sense.
It DOES NOT include a temporary mental disorder caused by some external factor e.g. drugs, alcohol, anaesthetic, hypnotism, a blow to the head.
What is the definition of ‘automatism’?
A state of total blackout, during which a person is not conscious of their actions and not in control of them.
What is the general definition of ‘compulsion or duress’?
The act of compelling a person to do something against their will.
What is the definition of ‘entrapment’?
When an agent of an enforcement body deliberately causes a person to commit an offence, so that person can be prosecuted.
What is the definition of ‘alibi’?
The plea in a criminal charge of having been elsewhere at the material time.
What is the definition of ‘consent’?
Consent is a person’s conscious and voluntary agreement to do something desired or proposed by another.
