General Defences

Question 1

Which case tells us that where D has the the required MR even when intoxicated, there is no defence?

Answer 1

Kingston

Question 2

Specific intent crimes committed whilst intoxicated may be reduced to their ______ _______ alternative.

Answer 2

Basic intent

Question 3

Involuntary intoxication is a f____ d______ provided D lacks the MR

Answer 3

Full defence

Question 4

In which case did D take a drug which had an unknown side effect (a soporific effect)?

Answer 4

Hardie

Question 5

Automatism is defined as ‘an act done by the ______ without any control of the _____’ (B_____)

Answer 5

Muscles, mind, (Bratty)

Question 6

What were given as examples of external causes in Hill v Baxter?

Answer 6

Blow to the head, a swarm of bees

Question 7

For automatism, there must be a ‘t_____ loss of v_______ c_______’

Answer 7

Total, voluntary control

Question 8

Which case show that where D is reckless and causes self-induced automatism, there is no defence for basic intent crimes and a partial defence for specific intent crimes?

Answer 8

Quick - suffered hypoglycemia as a result of not eating

Question 9

For insanity, the 3 M’Naghten rules must be satisfied. What is the first one?

Answer 9

Defect of reason, where D’s powers of reasoning must be impaired

Question 10

A defect of reason ‘must be more than a_______ or c______’ (C_____)

Answer 10

Absentmindedness, confusion, (Clarke)

Question 11

A disease of the mind can be physical or psychlogical provided it affects the ‘mental faculties of r_____, m______ and u_______’ at the time of the offence (Sullivan)

Answer 11

Reason, memory, understanding

Question 12

What is the 3rd of the M’Naghten rules?

Answer 12

Understanding the nature and the quality of the act

Question 13

What does the ‘nature’ of the act mean?

Answer 13

It’s characteristics

Question 14

The quality of the act concerns its c_______

Answer 14

Consequences

Question 15

True or false: delusional motives will be sufficient for insanity

Answer 15

False

Question 16

In self-defence, the force must be n______ and is based on the facts as D honestly believed them to be (W_______(Gladstone))

Answer 16

Necessary, (Williams)

Question 17

Which case tells us that D can prepare in self-defence?

Answer 17

Attorney General’s Ref. No 2 of 1983

Question 18

What did D do in Beckford which was acceptable in self-defence?

Answer 18

Made a pre-emptive strike - shot a suspect believing him to be armed and dangerous

Question 19

In self-defence, force must be p______. Name two characteristics which could be taken into account when balancing interests

Answer 19

Nature of threat, age, sex, state of mind, opportunity for reflection

Question 20

Self-defence must involve ‘reasonable force’: in which section of the Criminal Justice and Immigration Act can this be found?

Answer 20

s76(1)(b)

Question 21

s3(1) of the Criminal Law Act 1967 states ‘a person may use such force as is reasonable in the circumstances for the p_______ of c_____’.

Answer 21

Prevention, crime

Question 22

Which case gives us the two-part test for duress by threats?

Answer 22

Graham

Question 23

Subjective test for duress: ‘was D forced to act because he feared d____ or s____ i____ to himself or someone they felt r________ of’?

Answer 23

Death, serious injury, responsible

Question 24

In which case did the defendants have time to warn the police about the threats to their lives?

Answer 24

Hudson and Taylor

Question 25

What is meant by ‘causal nexus’ and which case shows this?

Answer 25

The offence must be nominated in the threat (Cole)

Question 26

Will the defence of duress be available for mistaken threats?

Answer 26

Yes - based on the facts as they honestly and reasonably believe them to be (Hasan)

Question 27

What is voluntary exposure regarding duress?

Answer 27

Where someone is in ‘association with others engaged in criminal activity… they ought to have foreseen the risk of compulsion by threats of violence’

Question 28

What is the objective part of the Graham test for duress?

Answer 28

‘Would a sober person of reasonable firmness sharing D’s characteristics have reacted to the situation by behaving as D did’?

Question 29

D’s c______ may make him less able to resist threats (M____)

Answer 29

Characteristics, (Martin)

Question 30

What does Bowen tell us about D’s characteristics in the defence of duress?

Answer 30

The reasonable person may be given some of D’s characteristics, but not all of them