fatal offences - defences

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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
    • 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
        • R v Allen
          • doesn't matter if you did not know the alcohol content
      • Dutch Courage
        • acquiring the mens rea then drinking to have the courage to complete
        • A-T of N.I v Gallagher
          • Untitled


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