The Nature And Requirements Of The General Defences

Question 1

Define intoxication

Answer 1

The condition of having physical or mental control markedly diminished by the effects of alcohol or drugs

Question 2

Explain the circumstances where intoxication will provide a defence - to do

Answer 2

1

Question 3

Identify the circumstances giving rise to a defence based on duress

Answer 3

Duress by threats, Hasan [2005];

1. Threats coming from a third party directed towards a specific offence, Graham [1982];
2. Duress of circumstances (necessity), circumstances provide the pressure to commit the offence, R v Willer [1986]

Question 4

Explain the requirements of a defence based on duress

Answer 4

Threat of death or serious injury;

1. Standard of fortitude including relevant characteristics, Bowen [1996];
2. Limits on the availability of the defence, Howe [1987]

Question 5

Explain the requirements of a defence based on mistake

Answer 5

Mistaken view of facts, not mistake of law;

1. Honest, not necessarily reasonable, Beckford [1987] or Gladstone William’s [1987]

Question 6

Explain the requirements of a defence based on defence of self, another or property

Answer 6

Response to actual or perceived threat:

Meaning of reasonable force with reference to factors such as:-

1. Nature and circumstances of the threat;
2. Proportionality of response; Malnik [1989]

S76 Criminal Justice and Immigration Act 2008