Offences and Defences Flashcards
What type of offences are served at Crown Court?
Indictable
On some occasions Either Way Offences
What type of offences are served at a Magistrate’s court?
Summary Offences
In what case can a Either Way Offence be sent to magistrates? (3)
Defendant requests it to be handed over.
Sentencing power of magistrate not powerful enough.
Situation deemed too extreme.
Difference between:
- Men’s Rea
- Actus Rea
Men’s Rea is the guilty mindset the defendant has toward committing an act. (Intent)
Actus Rea is a guilty action carried out following Men’s Rea.
Duress or Circumstance?
Having to commit an offence to help someone
Justified Defence?
Use of reasonable force for self defence of person or property
Involuntary Intoxication?
Not knowingly consuming alcohol/drugs
Insanity?
Offers defence to people who are not in sane state of mind at time of offence but may bit fit in time of trial
Automatism?
Not in control of your actions
Duress?
Being forced/blackmailed
Inadvertence or mistake?
Honest mistake
What is the definition of Suspect?
Having minimal evidence but thinking someone is doing something
What is the definition of Believe?
Having fair amount of evidence and believing someone of doing something
What is the definition of Knowledge?
Having enough evidence to know someone has done something
