General Defences 1

Question 1

What are the two types of intoxication?

Answer 1

Voluntary- Your choice
Involuntary- Not your choice eg spiked drink

Question 2

What is the definition of intoxication?

Answer 2

Where the D is arguing that they only committed the crime because they were intoxicated and therefore they could not form the mens rea.

Question 3

What is a specific intent crime?

Answer 3

Crimes that can only be committed with intention.

Question 4

What is a basic intent crime?

Answer 4

Crimes which can be committed intentionally or recklessly.

Question 5

What are some examples of specific intent crimes?

Answer 5

1. Murder
2. Unlawful Manslaughter
3. s18 GBH
4. Robbery
5. Theft

Question 6

What are some examples of basic intent crimes?

Answer 6

1. Assault
2. Battery
3. ABH
4. s20 GBH

Question 7

What does Majewski say about specific intent crimes? (voluntary intoxication)

Answer 7

Defence is available if D was so intoxicated they could not form the mens rea (intention).

Question 8

What does Majewski say about basic intent crimes? (voluntary intoxication)

Answer 8

Defence is not available as the fact that the D got voluntarily intoxicated is evidence of recklessness therefore the crime is complete.

Question 9

What is the first side rule of voluntary intoxication?

Answer 9

Richardson and Irwin says defence may be available as long as the D would not see a risk even if they were sober.

Question 10

What is the second side rule of voluntary intoxication?

Answer 10

Gallagher states that the defence is not available if D gets intoxicated to gain confidence to commit a crime as they formed the mens rea before they committed the crime. (Dutch courage)

Question 11

What does Kingston say about involuntary intoxication?

Answer 11

Defence is available for both specific and basic intent crimes as long as D is so intoxicated they could not form the mens rea as a ‘drugged intent is still intent.’

Question 12

What is the side rule for involuntary intoxication?

Answer 12

Unexpected side effects of prescription drugs. (Hardie)

Question 13

What is the definition of self defence?

Answer 13

s76 of the Criminal Justice and Immigration Act 2008 states that force can be used to protect yourself, protect someone else or prevent a crime.

Question 14

What is stage one of self defence?

Answer 14

s76(3) states that the D must genuinely believe that the force was necessary in the circumstances. Therefore the defence is subjective, it looks at D’s point of view.

Question 15

What is the first side rule for stage1 of self defence?

Answer 15

s76(4) states the defence is available even if the D makes an unreasonable mistake as long as the belief is genuine/ (Gladstone Williams)

Question 16

What is the second side rule for stage one of self defence?

Answer 16

s76(5) states if the mistake was made whilst the D was intoxicated then no defence is available.

Question 17

What is the third side rule for stage 1 of self defence?

Answer 17

Beckford states that the D can make a preemptive strike (hit first). The law will allow the D to hit the potential attacker first so they do not have to wait until they are hit.

Question 18

What is stage 2 of self defence?

Answer 18

Was the amount of force used reasonable (proportionate).

Question 19

What does Lord Morris in Palmer stay about stage 2 of self defence?

Answer 19

If the D is under attack they cannot be expected to judge exactly how much force they should use in return. If a D acted honestly and instinctively then that is evidence that only reasonable action has been taken (subjective).

Question 20

What is the first side rule for stage two of self defence?

Answer 20

Martin states that excessive force will be evidence that the attack by D was retaliatory and therefore not in self defence and you will not gain the defence.

Question 21

What is the second side rule for stage 2 of self defence?

Answer 21

Crime and Courts Act 2013 states that if the self defence is used in the home of the D it can be disproportionate as long as it is not grossly disproportionate.

Question 22

What is the definition of insanity?

Answer 22

S1 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 states there needs to be evidence from 2 doctors and 1 must be an expert in mental health.

Question 23

What does M’Naghten’s Case say about insanity?

Answer 23

Defined insanity as having a 3 stage test:
1. D must be suffering from a defect of reason
2. Caused by a disease of the mind
3. D must not understand the nature of their conduct and quality of their actions

Question 24

What is stage 1 of insanity?

Answer 24

D must have showed a defect of reason.

Question 25

What does Clarke say about stage 1 of insanity?

Answer 25

The D’s powers of reasoning have been impaired eg ability to judge a situation, tell right from wrong. This is decided by medical evidence however, temporary absent mindedness or forgetfulness is not enough.

Question 26

What is stage 2 of insanity?

Answer 26

There must be a disease of the mind has caused defect of reason. This can be a physical or mental condition which has an effect on the brain (internal effect).

Question 27

What examples of diseases of the mind?

Answer 27

1. Diabetes (High blood sugar, D forgets to take insulin, hyperglycemia) (Hennessy)
2. Epilepsy (Sullivan)
3. Sleepwalking (Burgess)
4. Schizophrenia
5. Chronic Depression

Question 28

What is stage 3 of insanity?

Answer 28

D must not understand the nature of their conduct and the quality of their act.

Question 29

What does Windle say about stage 3 of insanity?

Answer 29

D must not know what they are doing is a legal wrong or a criminal act.