🚨Criminal Law: general defences, attempts, parties,

Question 1

What are the general defences

Answer 1

1. Intoxication
2. Self defence or defence of another

Question 2

When is intoxication a defence

Answer 2

Voluntary intoxication
(a) Offences of basic intent: NO defence
(b) Offences of specific intent: Defence if lack MR

Involuntary Intoxication
Defence if lacked MR

Question 3

When will you be involuntarily intoxicated?

Answer 3

1. No knowledge you were taking drug/drink
2. Taking a non-dangerous or prescribed drug which has an unusual side effect

Question 4

When will you be voluntarily intoxicated? (3)

Answer 4

1. Intentionally took drugs/drank
2. Drinks but merely underestimated the amount or the effect it was having on them
3. Drinks on medication when they know they shouldn’t

Question 5

What is voluntary intoxication not a defence for specifically?

Answer 5

Sexual offences

Question 6

Rules for intoxication and dutch courage

Answer 6

=drink to get courage to do offence
NOT a defence if had MR before they started to drink

Question 7

Rules for intoxication and mistakes, including for self defence

Answer 7

Cant rely on any mistake made because of intoxication

Can only rely on self defence if reaction didn’t exceed that of a sober person in the same situation

Question 8

Rules for intoxication and lawful excuse (for criminal damage)

Answer 8

A genuine but drunken mistake would still enable accused to rely on lawful excuse (because belief has to be genuinely held, its irrelevant if they came to it because theyre intoxicated)

Question 9

Elements of self defence/defence of another

Answer 9

1. Did D believe it was necessary to use such force? (subjective-based on facts as D honestly believed them to be, even if unreasonable/mistaken)
2. Was the amount of force reasonable in the circumstances as D believed them to be? (objective) (e. not disproportionate in the circumstances)

Question 10

Self defence: is the psychiatric condition of D relevant when deciding if the amount of force used was reasonable?

Answer 10

No

Question 11

Self defence: legal and evidential burden

Answer 11

-D has evidential burden (usually cross examining prosecution witness and D giving evidence)
-Prosecution must then disprove defence beyond a reasonable doubt

Question 12

Self defence: when does the ‘householder’ rule apply?

Answer 12

Inc:
□ Building/part of a building that’s a dwelling
□ Forces accommodation
□ vehicles/vessel that’s a dwelling
Need not be a homeowner, but cant be a trespasser
Must be in/partly in a dwelling

Question 13

Self defence: what is the rule for householder cases?

Answer 13

Was force proportionate (not GROSSLY disproportionate) to circumstances as D believed them to be

Question 14

Self defence: what is account given to? (3)

Answer 14

1. No duty to retreat before resorting to action
   (When deciding reasonableness, the fact they could have retreated is to be considered but no more)
2. Heat of the moment: Account given for fact Ds under pressure and must act quickly
3. Pre-emptive strikes: D doesn’t have to wait ot be attacked if they honestly believe the use of force is necessary to ward off an attack

Question 15

What does attempts apply to?

Answer 15

○ Inc almost all indictable offences
○ NOT summary offences unless specifically created

Question 16

Elements of an attempt (AR/MR)

Answer 16

AR:
1. D does an act (not omission)
2. which is more than merely preparatory to the commission of the offence

MR: intend to commit the specific offence attempted

Question 17

Attempts: what is ‘more than merely preparatory’

Answer 17

• Accused needed to be ‘on the job’ which ‘begins when the merely preparatory acts have come to an end and D embarks on the crime proper’
• Significant steps need to be taken towards the commission of the full offence

Question 18

Attempts

what counts towards the MR of ‘intend to commit the specific offence attempted’?

Answer 18

*Result crime= D must intend the prohibited result even if lesser MR would satisfy the full offence
* Can inc. direct or indirect intent
* attempted criminal damage=just need to prove D intended to OR was reckless as to endangering life
Conditional intent adequat

Question 19

How may a crime be impossible?

Answer 19

-As to end result (pickpocket by pockets empty)
-As to means (tries to stab somone with paper straw)

Question 20

How does impossibility affect the AR of an attempt?

Answer 20

Wont prevent the AR of an attempt

Question 21

How does impossibly affect the MR of an attempt?

Answer 21

D judged on facts of case as they believed them to be
Eg have MR if pulled trigger even if no bullet in gun

Question 22

Who is the principle offender

Answer 22

person who commits AR and MR of substantive criminal offence (inc using innocent agent to commit AR)

Question 23

What are Co-principles-/joint principles

Answer 23

when 2 or more people commit AR and MR together

Question 24

who is a Secondary party/accomplice/accessory-

Answer 24

assist in commission of offence whilst not committing AR themselves.

Question 25

What is a joint venture/enterprise

Answer 25

where multiple people commit crime with a common purpose/plan (eg gangs but not involved)

Question 26

How are accomplices treated for trial/sentencing

Answer 26

same way as principle offenders

Question 27

AR and MR of accomplice liability

Answer 27

**AR**: Aid, abet, counsel or procure the commission of the offence **MR**: Intend to do act that assisted, encouraged or procured the offence OR /say words that advised, encouraged or procured the crime. AND knowledge of relevant circumstances 1. Full knowledge 2. Type of crime but not details 3. Limited range of 1 or more crimes

Question 28

What is aiding?

Answer 28

* Physically helping, assisting or supporting the principal * BEFORE or DURING (Eg. look out/holding v down) * No mental/causal link required

Question 29

What is Abetting?

Answer 29

Encourage principal DURING Mental link need

Question 30

What is counselling?

Answer 30

Instigating, soliciting, encouraging or threatening the principal to commit the offence BEFORE Mental link needed

Question 31

What is procuring?

Answer 31

* 'to produce by endeavour' =the accused sets out to achieve a particular state of affairs and takes appropriate steps to bring about that offence. * BEFORE No mental link but YES Causal link required

Question 32

For the AR of accomplice liability, when is a mental or causal link required and what are they?

Answer 32

Niether: aiding Mental: Abetting and counselling Causal: Procuring Mental=P aware of encouragement/advice? Causal=would P have committed crime anyway

Question 33

Attempts: what is not sufficient for the MR of attempted murder

Answer 33

MUST have an intention to kill, an intention to cause GBH is not sufficient

Question 34

Accomplice liability: what happens if the principle does the agreed act but with different MR?

Answer 34

Liability based on own MR, whether higher or lower than principles Applies to: offences sharing same AR with different MR eg: ◊ Murder/manslaughter ◊ s18/20 OAPA

Question 35

Accomplice liability: what happens if the principle goes beyond the plan?

Answer 35

* If A intend to assist/encourage new offence=guilty of new crime * BUT Foresight that new offence might occur doesn’t mean they indented it , is evidence of intent but no more * If they foresaw that by committing crime A, they may commit crim B, could be concluded that that they had the necessary intent that crime B would be committed=its within the scope of the original plan

Question 36

Does presence at scene amount to accomplice liability?

Answer 36

NO BUT may be liable for presence if: 1. Attendance was by prior arrangement with principle (acting as support) 2. They encourage of assist by words/actions (inc remaining passive when there's duty to act) 3. sometimes presence scene of an illegal event (even without obvious evidence of encouragement)

Question 37

When may the accomplice be convicted by the principle isnt?

Answer 37

1. Principle has a defence 2. Principal not prosecuted/cant be found

Question 38

What is innocent agency?

Answer 38

Where someone who commits the AR of a crime but not guilty of the offence (lack of MR/defence). ○ Where someone uses innocent agent to commit AR, instigator usually charged as the principal offender rather than the accomplice.

Question 39

What is the appropriate charge for innocent agency for sexual offences

Answer 39

acting as an accomplice having procured the commission of the offence.

Question 40

Accomplice liability: how to withdraw from the plan

Answer 40

○ Decision must be effectively communicated ○ ultimately a matter for the jury Before the offence: Words alone may suffice,Must be timely and unequivocal During the offence: physical intervention may be required