Multiple Defences

Question 1

How is intoxication a multiple defence?

Answer 1

Intoxication may relate to various elements of criminal liability, namely the act, criminal capacity and intention. Several defences could be raised
A.Involunatry Intoxication: Get intoxicated without conscious voluntary cooperation
-Always a defence as X could have prevented it

B.Voluntary intoxication-can’t always eb used as a defence

Question 2

What is the actio libera in causa regarding intoxication?

Answer 2

where X forms the intentionto commit a crime, but knows that he does not
have the courage to commit that crime, but
knows that once he is intoxicated he will have the courage to commit the crime

Question 3

What is statutory intoxication?

Answer 3

1) X consumes or uses
2) Any substance
3) Which impairs his/her faculties
4) While knowing that such substance has that effect
5) Commits an act which is prohibited
6) While faculties are impaired
7) Not liable for such act because faculties were impaired

Question 4

What is the onus of proof regarding intoxication as a defence?

Answer 4

State must orove beyond a reasonable doubt that x lacked criminal capacity in order to secure a concition in terms of sec 1 of the CPA

Question 5

How does provocation operate as a multiple defence?

Answer 5

• Provocation could exclude:
  ➢Voluntariness of act
  ➢Criminal capacity (Non-pathological criminal incapacity
  ➢Fault
  ➢Diminished capacity-mitigation of sentence