DEFENCES mindmap LAW 03
- Created by: abic1
- Created on: 26-02-18 10:26
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- DEFENCES
- Consent
- Valid Consent
- Boxing
- Other contact sports
- Reasonable surgical interference
- Tattooing
- Horseplay and honest mistaken belief in consent
- Intoxication
- Harmful sexual activity
- Invalid Consent
- Obtained through fraud
- Lack of informed consent
- Consent given through submission
- Lack of genuine consent
- Consenting to own death
- Sado-maschosim
- Valid Consent
- Intoxication
- Voluntary Intoxication
- Basic Intent Crimes
- Can't use defence, was reckless to become intoxicated
- Specific Intent Crimes
- Can be used as defence, could not form mens rea
- If had mens rea before intoxication, defence cannot be used
- If there is a genuine mistaken belief in consent, defence can be used
- Basic Intent Crimes
- Involuntary Intoxication
- Drink spiked
- Soporific drugs
- Drugs taken under medical prescription
- Voluntary Intoxication
- Self Defence
- Necessity of force
- Mistaken use of force is not accepted if the defendant was drunk at the time
- Mistaken use of force is accepted if defendant was sober at the time
- Reasonableness of foce
- Only reasonable force can be used
- If excessive force is used, defence cannot be used
- Force is not reasonable if disproportionate
- Necessity of force
- Insanity
- Not guilty by reason of insanity
- M'Naughton Rules
- Suffering from a defect of reason
- Caused by a disease of the mind
- Meaning the defendant did not know what they were doing, or that what they were doing was legally wrong
- Automatism
- Non Insane Automatism
- Arises from an external cause
- Leads to a total acquittal
- Total loss of control
- Self Induced Automatism
- Unable to use defence
- Can be accepted if defendant didn't know it would lead to self-induced automatic state
- Non Insane Automatism
- Loss of Control
- Must have all loss of self control at time of the killing
- Act of the killing must have resulted from total loss of self control
- Must have a qualifying trigger
- Would a person of defendant's age and gender with normal degree of tolerance, in same circumstances reacted in same way?
- Fear trigger
- Anger trigger
- Sexual infidelity cannot be used on its own
- Revenge killings not accepted
- Diminished Responsibility
- Abnormality of mental functioning
- Arising from a recognised mental functioning
- Substantially impairing defendant's ability to form rational judgement
- Providing significant explanation for defendant's act of killing
- Intoxication alone cannot support defence of diminished responsibility
- Abnormality of mental functioning + intoxicatio = accepted if defendant would have acted the same if sober
- Consent
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