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Law paper 1 > Defences > Flashcards

Defences Flashcards

1
Q

what is the difference between insanity and automatism?

A

insanity is caused by internal factors
automatism is caused by external factors

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2
Q

what is the standard of proof for insanity?

A

on balance of probabilities

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3
Q

what is the special verdict given for an insanity case?

A

‘not guilty by reason of insanity’

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4
Q

what did the domestic violence, crime and victims act 2004 talk about

A

sentence of an insanity crime

  1. a hospital order indefinitely
  2. a hospital order for a specific period of time
  3. a guardian order
  4. a supervision and treatment order
  5. an order for absolute discharge
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5
Q

what were the 3 rules decided by m’naghten?

A

a case is insanity if-
1. defect of reason
2.disease of the mind
3. did not know the nature and quality of the act or, if he did not know the act was wrong

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6
Q

what is defect of reason and what case decided it?

A

inability to use powers of reason, not failing to use power of reason
R v Clarke

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7
Q

what case shows that physical diseases can affect the mind

A

R v Kemp

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8
Q

what case decided that epilepsy can be used as insanity

A

R v Sullivan

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9
Q

what case shows that sleep walking can be insanity

A

R v Burgess

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10
Q

what is the difference between hypoglycemia and hyperglycemia?

A

hypOglycemia - too much insulin (not a defence)
hypERglycemia - too much blood sugar (is a defence)

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11
Q

case to show hypo and hyper glycemia

A

hypo - R v Quick (automation)
hyper - R v Hennessy (insanity)

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12
Q

what does ‘not knowing the nature and quality of the act’ mean

A
  • they didn’t know what they were doing
  • they did not appreciate the consequences of what they were doing
  • they did not appreciate the circumstances in which they were acting
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13
Q

example where someone does and an example where someone doesn’t know what they are doing

A

do know - R v Windle
don’t know - R v Oye

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14
Q

what case decided that intoxication plus insanity doesn’t count as intoxication is an external factor

A

R v Coley

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15
Q

what is the definition of automatism and who said it?

A

‘a complete loss of voluntary control that is not caused by what the person could reasonably foresee and is not a self-induced incapacity or one that was a result of a diseased mind’
Smith J

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16
Q

what are the 3 main aspects to find for automatism

A
  1. external cause
  2. action must be completely involuntary
  3. automatism must not be self-induced
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17
Q

example of sneezing being an external cause in automatism

A

R v Whoolley

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18
Q

Which case is the bees swarming the car being an example of automatism

A

Hill v Baxter

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19
Q

can stress be used as an external cause in automatism?

A

sometimes
PTSD was successful used in R v T but not successful in R v Narborough

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20
Q

which type of diabetes can be used in automatism

A

hypoglycemia - R v Quick

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21
Q

what 2 things did Lord Denning describe automatism to be in Bratty v AG for NI?

A
  1. must be an act done by muscles without any control by the mind
  2. person must not be conscious of what they are doing
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22
Q

what was said in R v Bailey about proving recklessness?

A

The question in each case will be whether the prosecution have proved the necessary element of recklessness

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23
Q

example of a crime not being self induced

A

R v Hardie
Took out of date valium and too much of it

24
Q

what case leads that alcohol and drugs can’t be used as a defence in automatism

A

DPP v Majewski

25
Q

what is the definition of self defence and where did it come from?

A

’ the use of such force as is reasonable in the circumstance’
s3(1) criminal justice act 1967 - ‘a person may use such force as is reasonable in the circumstance’

26
Q

what are the 2 things questions in the criminal justice and immigration act 2008 s.76?

A

1 - was the force necessary? (subjective and the defendant’s honest belief)
2 - was the level of force used reasonable in those circumstances? (objective judgement for jury)

27
Q

what principle was decided in R v Gladstone Williams?

A

must judge the defendant on what they honestly believed the situation to be - even if mistaken

28
Q

example where someone honestly thought that force was necessary

A

Dewar v DPP

29
Q

example where force was not necessary

A

Buckley v DPP

30
Q

what was said in the criminal justice and immigration act 2008 s.76 (6)?

A

the degree of force used by d has to be proportionate

31
Q

where was it decided that if the level of force used is proportional is to be assessed by the jury?

A

R v Press and Thompson

32
Q

case to show that proportionate force can become disproportionate if the danger has passes

A

R v Clegg

33
Q

what is said about self defence in you own home in criminal justice and immigration act 2008 s.76 (5A)?

A

for householders, force which is grossly disproportionate will not be reasonable

34
Q

example where someone reacted in a grossly disproportionately way

A

R v Ray

35
Q

example where someone reacted in a proportionately way

A

Denby Collins

36
Q

what was the definition of ‘grossly disproportionate’ in Denby Collins

A

a degree of force that went completely over the top

37
Q

what is a case example for preemptive strike?

A

R v Bird

38
Q

what happens if the defendant is the aggressor? and a case to show that

A

defendant will only lose the defence by being the aggressor throughout the situation
R v Rashford

39
Q

what was the principle from R v Keane

A

if you are the aggressor you can’t use self defence if causing someone to fight back (so that you can use more serious violence) was your intention

40
Q

what are the 2 types of duress?

A

Duress by treats - when the defendant feels compelled to act criminally because of a threat made to them or others

Duress of circumstances - where circumstances force you to act, rather tan a person

41
Q

what case showed that duress cant be used as a defence for murder?

A

R v howe

42
Q

what is the definition of duress and where did it come from?

A

A- v Whelan
‘threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance

43
Q

what are the 5 rules for duress and where were they established?

A

R v Hasan

  1. There must be a threat to cause death or serious injury.
  2. The threat must be directed against the defendant or their immediate family ,or someone close to them.
  3. Whether the defendant acted reasonable in light of the threats (assessed objectively).
  4. The threats relate directly to the crime committed by the defendant.
  5. The defendant cannot use the defence if they have voluntarily laid themselves open to threats.
44
Q

case example where there was a high enough level of treat for duress to be successful
and where the level of threat was not valid

A

successful - R v Valderrama-Vega (1985)

not successful - MacGrowthers Case (1746)

45
Q

The threat must also be present at the moment the crime is committed but doesn’t need to be immediate
example

A

R v Hudson & Taylor (1971

46
Q

example of a threat bein directed at someone valid

A

R v Ortiz
his family

47
Q

what were the 2 rules decided in R v Graham about ‘did the defendant act reasonable’

A
  1. was the defendant compelled to act as they did because they reasonable believed they had good cause to fear serious injury or death?
  2. would a sober person of reasonable firmness, sharing the same characteristics of the accused, have responded in the same way?
48
Q

what are the 5 characteristics to be taken into account when talking about a reasonable firmness and where did it come form?

A

R v Bowen
1. Age
2. Pregnancy
3. Serious physical disability
4. Recognised mental illness
5. Gender: Product of it’s time…

49
Q

what is a case to show that the D can only rely on the defence if the threats are made in order to make them commit a specific offence?

A

R v Cole

50
Q

case example showing you cant use duress as a defence if the defendant laid themselves open to threats

A

R v Fitzpatrick

51
Q

case to show that duress will fail as a defence is the defendant could have escaped

A

R v Gill

52
Q

what are the rules used for duress of circumstances?

A

the same as duress by threat but the threat comes from a situation rather than a person

53
Q

case to show that in duress of circumstances, there bust still be a threat of serious injury
one that succeeded and one that failed

A

succeeded - R v Willer (drove onto curb to avoid gang)

failed - Cichon v DPP (took muzzle off dog to let it throw up)

54
Q

what did R v Martin confirm to do with threat direction

A

Confirmed that threat can be directed at themselves, their family or someone they feel responsible for.

and

confirmed the two stage test in Graham

55
Q
A

Law paper 1 (8 decks)

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