Defences in Criminal Law 1
- Created by: Alex.Byrne
- Created on: 24-05-18 15:24
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- Defences in Criminal Law 1
- Defences: For consideration..
- Consent
- Necessity
- Insanity
- Duress
- Automatism
- Mistake
- Intoxication
- Mistake
- Only effective where it prevents D formoing mens rea
- Where successful, provides complete defence
- Honest Mistake
- Mistake of civil or criminal law irrelevant if all elements of office satisfied
- Mistake of civil law will provide defence where it prevents D from forming mens rea
- Mistake of Fact
- Honest mistake will usually be sufficient
- Statutory exceptions e.g. Sexual Offences Act 2003
- Why has D made mistake?
- If because of intoxication- intoxication rules apply
- If because of defect of reason from disease of mind- insanity
- Where D makes mistake of fact that prevents him forming mens rea he will escape liability
- Honest mistake will usually be sufficient
- Duress
- D has committed offence but seeks to be acquitted because of threats- duress does not negative any elements of offence, nor act involuntary
- Successful plea of duress provides complete defence
- General defence to all crimes except murder and attempted murder
- Requirements
- Was D impelled to act as he did because he reasonably believed that if he did not do so, he, or his family or someone close to him, or a person whose safety D might reasonably regard himself responsible for, would be killed or suffer serious physical injury?
- If so, would a sober person of reasonable firmness sharing the same characteristics of D have responded as D did?
- Was D impelled to act as he did because he reasonably believed that if he did not do so, he, or his family or someone close to him, or a person whose safety D might reasonably regard himself responsible for, would be killed or suffer serious physical injury?
- Subjective Test
- Threat of death or serious personal injury
- Imminent threat which cannot be avoided and is operative at the tine of commission of offence
- Objective Test
- Characteristics of D
- Defences: For consideration..
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