Specific and general defences

Question 1

Specific defence?

Answer 1

Applies to specific intent offences
AND is also a partial defence in that, lesser offence is available, defendant WILL BE liable for that offence.

Question 2

General offence?

Answer 2

Is capable of acting as a defence to all crimes AND is a complete defence in that the
defendant WILL NOT be liable for any lesser offences.

Question 3

Specific intent offences?
And examples?

Answer 3

Mens rea is intention (not recklessness).
e.g., murder, assault (s.18) AND theft.

Question 4

Basic intent offences?
And examples?

Answer 4

Offence where the mens rea is LESS THAN intention such as, recklessness.
e.g., unlawful act manslaughter, assault (s.20), assault (s.47), assault, battery, AND criminal damage.

Question 5

Example of voluntary intoxication:

Answer 5

knowingly drinking alcohol OR taking drugs.

Question 6

Majewski rules for voluntary intoxication?

Answer 6

• Specific intent – defendant WILL HAVE a defence of intoxication
  where they have been unable to form the necessary mens rea for the offence
  OR
• Basic intent – no defence of intoxication is available.

Question 7

Example of involuntary intoxication:

Answer 7

drink is spiked with alcohol/drugs, ingests medicines on medical advice.

Question 8

Involuntary intoxication can be used as a defence to specific AND basic intent offences.
correct?

Answer 8

yes

Question 9

Involuntary intoxication is where the defendant lacks…

Answer 9

men rea.

Question 10

Self-defence?
And what type of defence is this?

Answer 10

Defence where the defendant uses force to defend himself, another, OR his property.

general

Question 11

self-defence test?

Answer 11

• Necessary – use of force by the defendant was necessary in the circumstances (he believed them to be).
  Necessary to defend himself, another, his property, OR to prevent a crime.
  Subjective test.
  AND
• Reasonable – use of force by the defendant was reasonable in the circumstances (he believed them to be).
  Objective test – determined by the jury BUT the force should be proportionate.

Question 12

Householder cases:

Answer 12

Defendant can use force AGAINST a trespasser in self-defence OR in defence of another.
NOT in defence for property OR prevention of a crime.
While in OR partly in a building OR part of that is a dwelling,
forces accommodation OR a vehicle/vessel that is a dwelling.
Force can be reasonable AND disproportionate BUT not grossly disproportionate.

Question 13

4 elements for a defence to householder cases:

Answer 13

• Defendant must be a householder (lawfully residing at the residence).
• Force MUST be used while in, OR partly in a dwelling (not outside or the driveway).
• Defendant MUST believe that the victim is a trespasser (mistaken belief is sufficient).
• Force MUST be reasonable.
  CAN’T be grossly disproportionate.

Question 14

Loss of control AND diminished responsibility are defences ONLY TO…

Answer 14

murder AND no other offences.

Question 15

Loss of control AND diminished responsibility are known as partial defences,
successfully applied…

Answer 15

defendant is still liable for the lesser offence of voluntary manslaughter.

Question 16

Homicide to…
IF LIABLE FOR LESSER OFFENCE

Answer 16

voluntary manslaughter