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
    • 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
      • Involuntary Intoxication
        • Drink spiked
        • Soporific drugs
        • Drugs taken under medical prescription
    • 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
    • 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
    • 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

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