3): Specific and General Defences

Question 1

What is a specific defence?

Answer 1

Applies to specific intent offences.

Partial defence — defendant may still be liable for a lesser offence.

Question 2

What is a general defence?

Answer 2

Applies to all crimes.

Complete defence — no liability if successful.

Question 3

What are specific intent offences?

Answer 3

Mens rea = intention (not recklessness).

E.g., murder, assault (s.18), theft.

Question 4

What are basic intent offences?

Answer 4

Mens rea = less than intention (e.g., recklessness).

E.g., unlawful act manslaughter, assault (s.20, s.47), battery, criminal damage.

Question 5

How does voluntary intoxication affect defences?

Answer 5

Specific intent offences: possible defence if unable to form necessary mens rea.

Basic intent offences: no defence available (Majewski rules).

Question 6

How does involuntary intoxication affect defences?

Answer 6

Defence to both specific and basic intent offences.

Defendant lacks mens rea; if they have mens rea, they are guilty.

Question 7

What are the elements of self-defence?

Answer 7

Necessary: force needed in the circumstances as believed by the defendant (subjective).

Reasonable: force must be reasonable (objective) and proportionate.

Question 8

What are the elements for a householder to use force?

Answer 8

Defendant must be a householder (lawfully residing).

Force used in or partly in a dwelling (not driveway).

Defendant must believe the victim was a trespasser.

Force must be reasonable, not grossly disproportionate.

Question 9

What are partial defences?

Answer 9

Only apply to murder (reduce to voluntary manslaughter).

Examples: Loss of Control, Diminished Responsibility.