Defences, Attempts and Parties to a Crime Flashcards
(11 cards)
Specific intent offences
Mens rea is INTENTION
murder, assault s18, theft
Basic intent offences
Mens rea is RECKLESSNESS
unlawful act manslaughter, abh, assault, battery, assault s20
Defence of intoxication - voluntary [knowingly drinking alcohol and drugs]
Specific intent = defence of intoxication where no mens rea is formed
[murder, wounding with intent to cause gbh]
Basic = no defence
Defence of involuntary intoxication: [drink spiked]
Defendant lacks the mens rea
Used for specific and basic offences
Test for self defence [3]
- Necessary in the circumstances to defend oneself
- Reasonable in the circumstances
- Householder = D can use force against trespasser in building [not to protect property] where the force is reasonable and disproportionate.
- Defendant is a householder
- Force used or partly in house
- Defendant believes victim is a trespasser
- Force is reasonable
What is the ‘principal offender’
The person who commits the actus reus of the crime with the MR.
What is a ‘joint principle offender’
The second party that has equally committed the offence by satisfying the AR and MR
What is an accomplice?
Those who assist in the offence in some way whil not committing the actus reus of the offence.
An accomplice aids, abets, counsels, or procures the commission of an offence.
Liability of Accomplices [4 elements]
- Principle offender must commit offence
- Accomplice must aid, assist, encourage the offender
- Accomplice must have knowledge of the matters [exact offence etc, ‘something illegal is not enough’
- Accomplice must intend to assist or encourage.
Inchoate Offences [Attempting to Commit an Offence] Is what?
If when intending to commit an offence… a person does an act whichis more than merely preparatory …. he is guilty of attempting to commit the offence [planning to murder someone and the gun dosent go off].
