Defences
- Created by: ryandawkins31
- Created on: 23-09-19 13:33
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- DEFENCES
- Insanity
- M'Naghten: DOR caused by DOM which makes no know nature of quality of act/ if wrong
- DOM= any mental disorder which manifests in violence and is prone to recur (Bratty v AGNI)
- Must be internal (Quick)
- If ordinary faculties of reason, memory+ understanding affected= DOM (Kemp)
- Can be organic or functional (Sullivan)
- If ordinary faculties of reason, memory+ understanding affected= DOM (Kemp)
- Must be internal (Quick)
- DOR= powers of reasoning impaired (Clarke)
- Not know nature or quality of act or if wrong (R v Johnson)
- DOM= any mental disorder which manifests in violence and is prone to recur (Bratty v AGNI)
- M'Naghten: DOR caused by DOM which makes no know nature of quality of act/ if wrong
- Intoxication
- Voluntary+ basic
- No defence (MAJEWSKI)
- Possible if not realised sober (Richardson and Irwin)
- No defence (MAJEWSKI)
- Voluntary+ specific
- If already formed= guilty (AGNI v Gallagher)
- Lesser which R suffices (Sheehan v Moore)
- Involuntary
- Had already formed MR= guilty (R v Kingston)
- No MR formed= success (R v Hardie)
- Voluntary+ basic
- Automatism
- Any act done by muscles w/o any control by the mind or an act done by a person who is not conscious of what he is doing
- Bratty v AGNI
- Must be invol. and cause must be external
- Hill v Baxter
- Must have a total destruction of voluntary control
- A-G's Reference no.2
- Self induced
- SI defence as lacks MR (Bailey)
- BI defence where not R into that state (Hardie)
- Any act done by muscles w/o any control by the mind or an act done by a person who is not conscious of what he is doing
- Self-defence
- Common Law
- Defend self from attack
- Defend 3rd party
- Defend property
- S3 Criminal Law Act 1967
- Prevention of crime
- Force must be necessary
- Imminent threat
- Pre-emptive strike (Beckford)
- Retreat (Bird)
- Mistake s76(4) CJIA
- If D genuinely but mistakenly succeed (Williams)
- Doesn't work if intox. (O'Grady)
- If D genuinely but mistakenly succeed (Williams)
- Force must be reasonable and proportionate
- Proportionate
- Revenge/ after danger passed= X (Clegg)
- Not excessive (Martin)
- Proportionate
- Common Law
- Duress
- Threats
- Must be death/ serious injury
- Valderrema-vega
- Can be toward fam (Martin)
- Or friends (Conway)
- Must make commit specific offence (Cole)
- Must be death/ serious injury
- Test set out in Graham:
- Was D compelled to act as he did because he reasonably believed he had good cause to fear serious injury or death (Hasan)
- Would sober person of reasonable fairness sharing same characteristics as D have acted same (Bowen)
- Factors affecting available
- Only available if no evasive action could be taken (Hasan)
- Voluntary associates with criminals=X (Hasan)
- If D doesn't know likely to be violent can succeed (Shepherd)
- Duress of circumstances
- Willer
- Threats
- Insanity
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