REVISION

Question 1

Requirements for loss of control?

Answer 1

1. loss of control
2. qualifying trigger
3. objective test

Question 1

When may a defendant be charged with joint enterprise?

Answer 1

A D has to have actually intended to encourage or assist the principle offender to commit the crime.

Law changed in 2016. Aid, abet, counsel, procure.

Question 2

Requirements for deminished responsibility?

Answer 2

1. abnormality of mental functioning.
2. recognised condition
3. substantial impairment
4. explanation for the conduct

Question 3

Requirements for self defence? (a complete defence)

Answer 3

1. defendant must honestly believe that the force is necessary
2. such force is necessary and reasonable for defendant to defend himself.

NB- home owners principle lower threshold.

Question 4

Explain defences of vol and involve intoxication?

Answer 4

Vol - can never reduce liability for basic intent but can for specific.

Invol- complete defence as long as a defendant can prove they lack the MR.

Question 5

The prosecution must file their application to submit bad character evidence within how many days after pleading NG in the mags court, and how many in the crown?

Answer 5

Mags - 20 days after pleading NG.

Crown - 10 days after pleading NG