Defences

Question 0

Involuntary intoxication

Answer 0

1) is the intoxication involuntary?
- where D is unaware of the consumption
- not where D is mistaken as to the strength of the drug, Allen
- Where D takes prescription medication
- where D is unaware of side effects of a prescription drug, Hardie

2) did the D form the fault element?
- Kingston : the d still knew his actions were wrong

Question 1

Voluntary intoxication

Answer 1

Crimes of specific intent

• if intoxication means that D is unable to form the mens real then it can be a valid defence, DPP v Beard
• if D is still able to form intention, intoxication is not relevant, Sheehan v Moore

Crimes if basic intent
- intoxication is itself evidence of recklessness, DPP v Majewski

Intoxication not relevant where the D drinks for Dutch courage, AG v Gallagher

Question 2

Duress of circumstances

Answer 2

Shayler - this is a form of necessity
Willer : driving offence to avoid threatening gang

1) threat emanating from an external source
- Rodger and Rose

2) Ds actions were reasonable and proportionate
- Martin
- AG of NIs Ref : a matter for the jury to decide

3) Ds actions justified as long as the threat exists
- DPP v BEll

Question 3

Self defence

Answer 3

Criminal Justice and Immigration Act

1) force used for one of the specified purposes
- Defence of oneself, Palmer v R
- Defence of property, Chamberlain v Lindon
- prevention of crime

2) use of force must be necessary
- D must believe that a crime is taking place
- Imminence of the threat : Williams, Evans v Wright
- Duty to withdraw : Julien, Bird

3) level of force must be proportionate
- Owino test

Question 4

Duress by threats

Answer 4

1) threat of death or serious injury
- not enough to have threat of property damage
- causal link between threat and offence, Cole
- imminence of threat, Hudson and Taylor

2) test for duress - Howe 1987
(1) did d reasonably believe the threats would be carried out?
(2) would a sober person of reasonable firmness, sharing the characteristics if D, have been able to withstand the threats?

• Bowen : age, sex, pregnancy
• not relevant characteristics include
  Self induced addictions, Flatt
  Those that make d more pliable, vulnerable…

Limits to the defence - no defence to murder (Abbott) or attempted murder (Gotts)

Question 5

Duress by threats - voluntary assumption of risk

Answer 5

Sharp : general rule is that they cannot rely on duress

Shepherd : don’t expect violence from a non violent gang

Has an : doesn’t have to be an organised criminal gang