Mind map
Defences
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Defences
Capacity
- Insanity
- Automatism
- Intoxication
- Covers intoxication by drugs alcohol and other substances
- Have to prove D was so intoxicated incapable of forming mens rea
- R v Sheehan & Moore (1975)
- Intoxication rules based on Public Policy
- Policy based law - what is in the public interest and protection - encorages good behaviour.
- Conflicts with legal principle of fault and voluntary action and deliberate taking of risk
- Criminal Justice and Immigration Act 2008 - can't rely on drunken mistake
- Specific intent can use defence for voluntary intoxication - asks did D form intent?
- R v Lipman A-G for N.I - drunken intent is still intent
- Often a specific intent and its equivalent basic intent will be charged to ensure conviction
- Voluntary intoxication not available for basic intent (recklessness as mens rea)
- DPP v Majewski
- Involuntary covers spiking and unexpected side effects of medication
- If mens rea formed before intoxication then D is guilty
- R v Kingston (1994)
- Mistaken belief through voluntary intoxication cannot give defence of self defence Section 76 Criminal Justice Act
- R v O'Grady (1987) R v Hatton (2005) Drunken mistake about force needed.
- Exception for Criminal Damage in s5 of Criminal Damage Act
- Jaggard v Dickinson (1980)
- If mens rea formed before intoxication then D is guilty
- Voluntary intoxication not available for basic intent (recklessness as mens rea)
- Specific intent can use defence for voluntary intoxication - asks did D form intent?
- Criminal Justice and Immigration Act 2008 - can't rely on drunken mistake
- Have to prove D was so intoxicated incapable of forming mens rea
- Covers intoxication by drugs alcohol and other substances
- Overlap with insanity
- Action done without and control of mind or not conscious of what they are doing
- Two types INSANE and NON INSANE AUTOMATISM
- Insane automatism - guilty by reason of insanity. Non insane - complete defence and defendant not guilty.
- Actus reus not done voluntarily so does not have mens rea
- A-G Ref No 2 Reduced or partial control is not automatism
- Includes blow to head - attack by swarm of bees, sneezing fit, hypnotism, drug side effects
- Hill v Baxter (1958) no fault through external cause R v T (1990) stress can be factor
- Self induced when knows conduct likely to bring on automatic state
- If voluntary then intoxication rules apply
- If action is appropriate but unanticipated consequences - defence available for basic and specific intent offences
- R v Hardie (1984)
- In improper action or failure can only be used for specific intent
- R v Bailey (1983)
- If action is appropriate but unanticipated consequences - defence available for basic and specific intent offences
- If voluntary then intoxication rules apply
- Two types INSANE and NON INSANE AUTOMATISM
- Action done without and control of mind or not conscious of what they are doing
- Intoxication
- Based on M'Naghten Rules
- Must suffer from: Defect of Reason Result of Disease of Mind - Not Know Nature of Quality of Act
- Jury decides insanity
- Not a defence to strict liability
- Absent mindedness or Confusion not a defect of reason
- R v Clarke (1972)
- Disease of mind is legal term not medical
- Organic insanity - brian damaged by physical cause such as epilespsy
- R v Kemp (1956) R v Sullivan (1984) epilespsy R v Hennessy (1989) - diabetes
- Sleep-walking can be insanity
- R Burgess (1991)
- External cause - not insanity
- R v Quick (1973)
- Itoxicating substance - temporary psychosis not insanity
- R v Coley (2013)
- Does know nature or quality of act Conscious or Unconscious - but does not understand what doing is wrong - satisfies M'Naghten
- R v Oye (2013)
- Knows what doing but doesn't understand wrong - still qualifies
- Verdict "not quility by reason of insanity" -hospital order, supervision or absolute discharge
- Organic insanity - brian damaged by physical cause such as epilespsy
- Absent mindedness or Confusion not a defect of reason
- Not a defence to strict liability
- Jury decides insanity
- Must suffer from: Defect of Reason Result of Disease of Mind - Not Know Nature of Quality of Act
- Automatism
- Insanity
Necessity
- Self Defence
- Duress
- Complete defence - not guilty if successful
- Defence set out in common law and Statutes Criminal Justice Act and Criminal Law Act (1967) s (1)
- Use of force that is reasonable in circumstance
- Two questions: Was it necessary to use any degree of force? Was the degree of force used necessary and proportionate?
- Defendenat judged on facts as he/she genuinely believed them to be.
- R v Gladstone Wiliams (1987)
- Was belief reasonable and relevant helps decide if it was genuinely held.
- If genuinely held was it mistaken and was mistake reasonable?
- Belief can be genuinely held even if delusional or result of psychiatric condition
- R v Seun Oye (2013)
- No duty to retreat - the possibility could have may be a factor in deciding if force was necessary
- R v Bird (1986)
- If D was original aggressor D can can use force if the V reaction is disproportionate
- R v Rashford (2005)
- Except in "householder case" force that is disproportionate will not be reasonable
- R v Clegg (1995) R v Martin (Antony) (2002)
- Force that is initially proportionate may become disproportionate if danger has passed
- Defence lost if disproportionate
- Householder
- Force Used while D in building D must not be a tresspasser D must have believed V to be tresspasser Shock Time of day Pressence of vulnerable Weapon Conduct of intruder
- Public Defence - defined in s 3 (1) of CriminalLaw Act 1967 - can use force as is reasonable in prevention of crime, effceting lawfull arrest of suspected offender or person unlawfully at large.
- Householder
- Defence lost if disproportionate
- Belief can be genuinely held even if delusional or result of psychiatric condition
- If genuinely held was it mistaken and was mistake reasonable?
- Defendenat judged on facts as he/she genuinely believed them to be.
- Two questions: Was it necessary to use any degree of force? Was the degree of force used necessary and proportionate?
- Use of force that is reasonable in circumstance
- Defence set out in common law and Statutes Criminal Justice Act and Criminal Law Act (1967) s (1)
- Self Defence
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- Mind Map on Defences, created by Stuart Halford on 06/03/2019.
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- Stuart Halford
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