fatal offences - defences
- Created by: Paigebetty
- Created on: 25-11-19 09:40
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- Defences
- duress by threats
- Basics
- not available for a charge of murder - R v Howe
- Not available for a charge of attempted murder - R v Gotts
- Common law defence
- Nexus rule - R v Cole - there has to be a relation between the threat made and the offence committed
- R v Graham
- Objectve
- would a sober person of reasonable firmness acted in the same way as D in the circumstances
- if mental illness plays a part then it can still be taken into consideration
- R v Martin
- Age and Sex can be taken into consideration not low IQ
- R v Bowen
- If characteristics are self induced then it cannot be taken into consideration
- R v Flatt - crack cocaine addict
- Objectve
- Basics
- Intoxication
- R v Kingston
- involuntary intoxicated so should have been acquitted
- fiddled with lil boys and admitted that he intended to do it
- HELD: intoxicated intent is still intent
- Voluntary intoxication
- partial defence where D consumes drug and/or alcohol and therefore accepts the risk
- DPP v Majewski
- HELD: that it is only a defence to specific intent crimes - murder etc not basic intent - e.g. m/s
- R v Lipman
- took LSD suffocated girl thinking she was a snake, couldn't use the defence as he was charged with M/S
- involuntary intoxication
- R v McGhee
- said he had to drink but he knew that it was dangerous taking medication and drinking
- 1- prescribed drugs
- 2 - soporific drugs
- laced drinks
- kingston
- hardie
- laced drinks
- 2 - soporific drugs
- R v Allen
- doesn't matter if you did not know the alcohol content
- R v McGhee
- Dutch Courage
- acquiring the mens rea then drinking to have the courage to complete
- A-T of N.I v Gallagher
- Untitled
- R v Kingston
- duress by threats
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