Criminal law - defences Flashcards
What case establishes insanity?
M’naughten
R V Clarke
Labouring under a defect of reason doesn’t include confusion
R v kemp
Disease of the mind must be an internal factor
R v windle
Didn’t understand what they were doing was wrong is not morally wrong but legally wrong
Who defined automatism?
Lord denning
Hill v Baxter
Must be an external factor (automatism)
Ag ref no 2
Automatism must be a total loss of control
McGhee
Self induced automatism cannot be used as a defence
R V hardy
Intox can be used as a Defence for basic intent crimes if defendant does not realise their self induced actions would cause automatism and they were not reckless
R v Sheehan
Drunken intent is still intent for intoxication
DPP V beard
Must be completely incapable of forming the MR
DPP v majewski
Voluntary intoxication is not a defence for basic intent crimes
R V Clegg
Use of excessive force may not reasonable
R v Johnson
Didn’t know what they were doing was wrong
R v Hennessy
Disease of the mind is internal
