General Defences

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  • General Defences
    • Duress
      • Defendant although not acting involuntarily in a physical sense but is against moral sense
        • R v Hudson and Taylor 1971
        • Only threat or serious injury or death will suffice
          • Reasonable mans test
            • R v Graham 1982
            • Can extend to another person
              • R v Cole
    • Non-Insane Automatism
      • Total loss of voluntary control
        • Bratty v Attorney General of Northern Ireland
    • Self Defence
      • Revill v Newbury
      • Can use Reasonable force to protect themselves or others from an imminent threat
        • Determined through an Objective test
          • Palmer v R 1971
      • Reasonable force can not be excessive
        • R v Owino
    • Insanity
      • Defect of reason due to a disease of the mind
        • McNaughton Rules (McNaughton 1983)
    • Mistake
      • Can still claim mistake if it is a genuine and honest mistake.
        • Criminal Justice and Immigration act 2008
    • Intoxication


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