Defences Flashcards
(10 cards)
Is intoxication a defence?
Not really. But it can be used to show that D did not have a complete MR. The key question is whether the alcohol or drugs has caused them to lack intent to commit the offence.
Prosecution will need to prove…
beyond reasonable doubt that D formed the necessary MR, despite such intoxication.
MR when intoxication is used
Intention
+ How drunk were they? The key question is whether the alcohol or drugs has caused them to lack intent to commit the offence.
Recklessness
+Voluntary intoxication: there is a presumption that of recklessness. D is liable for their behaviour and MR is established, if the risk was obvious.
+Involuntary intoxication: no presumption of recklessness.
Can self-defence be used for intoxication situations? And their drunk state made them think they needed to use self-defence?
ONLY WORKS FOR Involuntary intoxication, even if D was mistaken about needing to use self-defence.
When is mistaken self-defence (where it was not provoked) not successful in intoxication cases?
In voluntary intoxication. Got drunk and then punched someone thinking they were being attacked… self-defence cannot be used.
How to judge the use of a ‘self-defence’ defence?
- The trigger - was self-defence necessary? Was the attack IMMINENT (aka physical force will be used)? D must genuinely believe they or someone else is under imminent attack. That the use of force was Neccesary. Was the type of force used necessary according to the mental circumstances of D? Was it reasonable subjectively?
- The response - was the self-defence used reasonable?
Can be used when they have tried to protect themselves or others.
Is self-defence a complete defence?
Yes.
Can self-defence be used where D was the intial instigator of the issue?
Yes
Can self-defence be used where D punched first out of anticipation?
Yes.
When is the defence of illegality used?
When V was doing something illegal that led to the crime happening by D.
