General Defences notes
15 notes by 10 users
This General Defences notes page gathers community-made Criminal law notes on intoxication, insanity, automatism and other defences. The collection has over 10 notes for school students, university students and professional candidates practising legal principles and evaluation, as well as teachers looking for material. Choose a note to begin your revision.
Notes
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Evaluation of Defence of Insanity and Automatism Evaluation of the defence of Insanity & Automatism Insanity and automatism have been combined because the substantive law on these defences is so intertwined. There are a number of points to consider abo...
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Intoxication Intoxication is not a true defence but is relevant to determine the mens rea. It will only work as a defence when it negates D's mens rea. Type of Intoxication Voluntary Intoxication - Voluntarily becomes intoxicated ...
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defenses crime and dishonesty DEFENCES AND STATES OF MIND By Phil LEE INTRODUCTION In criminal investigations two key elements usually need to be present to prove the offence in question: The mental state – ‘mens rea’. The criminal act – ‘actus re...
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Defences Insanity This defence is only relevant at the time the crime was committed and when standing trial. I must be proven on a balance of probability however if raised by the prosecution it must be proved beyond all reason...
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Diminished Responsibility Evaluation. Problems with Old Law Problematic as to what conditions were sufficient to cause an "abnormality of the mind." Issues with credibility of medical evidence and believability of expert witnesses. Lots of overlaps with o...
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Duress. The D may have a defence of Duress. D must first prove that the test in R v Graham. The first is, was the D compelled to act as he did because he reasonably believed he has a good cause to fear death or serious injury...
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Diminished Responsibilty A partial and specific defence to murder. S2 Homicide Act 1957 amended by the Coroners and Justice Act '09D will not be convicted of murder if;D was suffering from an abnormality of mental functioning arising from a r...
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Loss of Control Evaluation. The old law and recent reform. There used to be a special, partial defence called provocation, but it had many problems. Therefore, it as abolished and replaced by loss of control in the Coroners and Justice Act 2009....
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Evaluation and reform of defences InsanityM'Naghten 1843 - outdated, archaic language- contradicts separation of powersDefect of reason - no clear definition R v Clarke - tells us what it is not- difficult for jury to distinguish between inability to ...
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Intoxication Essay Normal = Point/Principle Italics = Case Bold = EvaluationThe law on intoxication deals with defendants (D) who commit the actus reus of an offence whilst under the influence of alcohol or other drugs. This involves ba...
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Defences IntoxicationVoluntary- takes drink or drugs of own free will- R v AllenInvoluntary- not own free will- Kingston - spiked- R v Hardie - valium - taking prescribed drug with unexpected effectsBasic intent offence- where...
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R v Rabey [1981] 54 CCC (2d) 1 FACTS The Ontario Court of Appeal set aside the appellant R.'s acquittal for causing bodily harm with intent to wound (Criminal Code, s. 228). R., a university student, struck a girlfriend with a rock he had taken fro...
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Automatism Non- insane automatism It is a crime committed by an involuntary act caused by an external factorIf successful the defendant will be found guiltyBratty v AG for NI~ Legal Principle- Automatism is "an act which is done...
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THE DEFENCE OF AUTOMATISM •Intoxication is not a defence in criminal law. The issues to be considered are: •Is the intoxication self-induced or not self-induced? •Can intoxication be taken into account in respect of the physical elements...
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Automatism - general BOPOnce an accused has raised the defence of an issue, the burden is on the prosecution to disprove it beyond reasonable doubt. Unless this is done, the accused is entitled to complete acquittal
More General Defences resources
About general defences notes
GoConqr OriginalWhat the General Defences notes cover
These notes approach defences through explanations, case material and evaluation. Intoxication considers voluntary and involuntary intoxication and their relevance to mens rea. Other notes cover duress, automatism, diminished responsibility and loss of control.
Choosing a starting point
Start with Intoxication if you want to focus on how intoxication relates to a defendant’s mental state. For evaluation practice, the note on insanity and automatism brings the two defences together, while the note on evaluation and reform considers criticisms of the law. Intoxication Essay sets out principles, cases and evaluation in an essay-focused format.
Revise with notes and other formats
Read a note on one defence, then write a short summary of its main points from memory. Return to the note to check what you missed. If you want a visual overview or case practice, switch to a mind map or flashcards on the unit page; a quiz can help you check your recall. Pick a note and start with the defence you want to revisit.
Frequently asked questions
Which note is a useful place to start?
Intoxication is a useful starting point if you want to focus on the relationship between intoxication and mens rea. It discusses voluntary and involuntary intoxication. For an essay-focused resource on the same topic, Intoxication Essay sets out principles, cases and evaluation.
Do the notes include evaluation as well as explanations?
Yes. Evaluation of Defence of Insanity and Automatism considers the two defences together. Evaluation and reform of defences also raises criticisms of the law. There are separate notes on evaluating diminished responsibility and loss of control, alongside notes that explain individual defences.
Are these notes free to use?
Yes. Every note listed on this page is free to open and study without an account. The resources were made by GoConqr users. A free account can save quiz scores and lets you make your own quizzes, mind maps, flashcards and notes.