Defences Flashcards
(9 cards)
Insanity s23(1) crimes act
(1) everyone shall be presumed to be sane at the time of doing or omitting any act until the contrary is proved
Insanity S23(2)
No person shall be convicted of an offence by reason of an act done or omitted by when labouring under natural imbecility or disease of the mind to such an extent to render him incapable
a) of understanding the nature and quality of the act or omission or
b) of knowing that the act or omissions was morally wrong, having regard to the commonly accepted standards of right and wrong
Automatism
A state of total blackout, during which a person is not conscious of their actions and not in control of them
Compulsion or duress
The act of compelling a person to do something against their will
A person acts under compulsion if they commit an offence having been compelled to do so by…..
Threats of death or ghh to themselves or another person PRESENT when the offence is committed. The threats must be operating on their mind at the time of the act
A person who commits and offence under compulsion is protected from criminal liability when….
They believe the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion
The threats of gbg must be immediate and from a person present at the time
Intoxication
Can be used as a defence to any crime that requires intent.
Ignorance of the law
The fact that an offender is ignorant of the law is not an excuse for any offence committed by them
Self defence S48
Everyone is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use
