law mock definitions Flashcards
Define duress
There must be a threat of death/serious injury against the defendant or another identified person and the threat must be directly related to the crime that the defendant committed. The defendant cannot use the defence if there was an evasive action they could’ve taken or if they laid themselves open to the threat. Whether they acted reasonably will be judged objectively.
Define self defence
a person can use reasonable and proportionate force in response to the imminent prevention of crime or to assist the lawful arrest of offenders and up to grossly disproportionate force in the home
Define intoxication
Where the defendant has become intoxicated so that they are unable to form the mens rea
Define automatism
an external cause means that the defendant acts unconsciously, therefore having no mens rea
Define insanity
a defect of reasoning caused by a disease of the mind which means that the defendant does not know the nature and quality of their act or that what they were doing was legally wrong
define loss of control
there must have been a total loss of control caused by a qualifying trigger and a person of the defendant’s age and sex, with a normal degree of tolerance and self restraint would have acted in the same way in a similar situation
define diminished responsibility
Abnormality of mental functioning caused by a recognised medical condition which provides an explanation for their conduct and substantially impairs their ability to understand the nature of their conduct, form a rational judgement or exercise self control
define theft
the dishonest appropriation of property belonging to another with the intention to permanently deprive
define murder
The unlawful killing of a reasonable person in being under the King’s peace with malice aforethought express or implied
