Topic D - General defences in Criminal Law

Question 1

Automatism

Answer 1

a defence where the actus reus is not established due to the fact that the defendant’s acts were involuntary and caused by external factor

Question 2

Intoxication

Answer 2

under the influence of alcohol, drugs (prescribed or otherwise) or other substances, for example glue sniffing

Question 3

Policy argument

Answer 3

an argument that assesses a decision in terms of how that decision affects society as a whole

Question 4

Householder cases

Answer 4

this term has been defined in s76 of the Criminal Justice and immigration Act 2008 as where:

• the defence concerned is the common law defence
• the force concerned is force used by the defendant while in or partly in a building, or part of a building, that is a dwelling
• the defendant is not a trespasser at the time the force is used
• at the time, the defendant believed the victim to be in, or entering, the building or part as a trespasser

Question 5

Sane automatism

Answer 5

when a defendant successfully pleads sane automatism for an involuntary or unconscious action, they will be acquitted

Question 6

Insane automatism

Answer 6

when a defendant pleads insane automatism for an involuntary or unconscious action, the verdict of not guilty by reason of insanity will apply

Question 7

Self-induced automatism

Answer 7

when a defendant does something, or fails to do something, they know will lead to an automatic state