Mapa mental
General Defences
Contenido del mapa
General Defences
Insanity
- M'Naghten rules 1843
- Not guilty by reason of insanity
- (1) Defect of reason - More than mere absent mindedness (CLARKE)
- (2) Disease of the mind - Can be transient or intermittent (SULLIVAN) - Internal cause (HENNESY)
- (3) D does not know the nature or quality of his acts 1. State of unconsiousness/impaired consciousness 2. Doesn't know what he is doing
- (4) D does not know that what he is doing is legally wrong (WINDLE)
Intoxication
- Covers intoxication by drugs, alcohol or other intoxicating substances
- Not a defence as such but relevant as to whether D had mens rea
- (1) Voluntary or involuntary
- Voluntary can negate mens rea for specific intent offences if D has not formed mens rea
- However - drunken intent is still intent (GALLAGHER)
- D will be guilty of a 'fall back' offence
- D will not be guilty of any offence if the intoxication was involuntary, unless he formed mens rea (KINGSTON)
- Voluntary can negate mens rea for specific intent offences if D has not formed mens rea
- (2) Basic or specific intent
- Intoxication is not available to a basic intent offence as becoming intoxicated is a reckless cource of conduct (MAJEWSKI)
Automatism
- Lord Denning: "an act done by the muscles without any control by the mind"
- Must be 'total destruction of voluntary control'
- The act is not voluntary so D does not have mens rea
- External cause (HILL V BAXTER) although exceptional stress can be external (R v T)
- Self induced where D knows his conduct is likely to bring on an automatic state
- May be able to plead automatism if the offence is one of specific intent (BAILEY)
- Where the offence is basic intent recklessness will have to be proved
- If D doesn't know his actions will lead to automatism he has not been reckless (HARDIE)
- If automatism is due to intoxication then D cannot plead the defence (MAJEWSKI)
- Lord Denning: "an act done by the muscles without any control by the mind"
Consent
- Not strictly speaking a defence because where someone consents there is no offence (SLINGSBY)
- Available to assault and battery where there is no injury (BROWN AND OTHERS)
- Complete acquittal
- (1) True (TABASSUM), genuine (OLUGBOJA), and informed consent (DICA)
- Implied consent e.g. jostlings of everyday life (WILSON AND PRINGLE)
- Informed consent decided using little bird example in KONZANI
- Public policy exceptions
- Contact Sports
- Implied consent unless play goes beyond the rules of the game (BARNES)
- Body Adornment
- 'Personal adornment between husband and wife' (WILSON)
- Horseplay
- 'Rough and undisciplined horesplay' (JONES AND AITKIN)
- Contact Sports
- Not strictly speaking a defence because where someone consents there is no offence (SLINGSBY)
Self Defence
- Common law defence that justifies D's actions
- Criminal Justice and Immigration Act 2008 & Criminal Law Act 1967 (prevention of crime)
- Successful plea will lead to a complete acquittal
- (1) Was the use of force necessary?
- s76 - Genuine mistake judged on the facts and not whether it was reasonable or not (WILLIAMS)
- Mistake due to voluntary intoxication means the defence cannot be used
- (2) Was the force used reasonable in the circumstances?
- s76 - "What D honestly and instinctively thought was necessary for a legitimate purpose.... D does not have to weigh to a nicety the exact measure of any necessary action"
- The defence will not be available if the threat is over or if D used excessive force (MARTIN)
- Common law defence that justifies D's actions
Información
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- Mapa Mental sobre General Defences, creado por Daisy Wootten el 25/05/2015.
- Creado por
- Daisy Wootten
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