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Page 1

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DEFENCES
INVOLUNTARY INTOXICATION
VOLUNTARY INTOXICATION
SELF-DEFENCE
AUTOMATISM
CONSENT
INSANITY
& CASE LIST.

Page 2

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INVOLUNTARY INTOXICATION

Complete defence to crimes of both basic and specific
intent.
Only a defence where D does not have intent prior to the
intoxication.
RELATE TO Q.
Not a defence where D has the MR.
R v Kingston
RELATE TO Q.
Underestimating the amount or the strength of the…

Page 3

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VOLUNTARY INTOXICATION

Offers a complete or a partial defence depending on
whether the offence has a conviction that can be reduced
from specific intent to basic intent e.g. murder to
manslaughter.
Only a defence to specific intent crimes if the D is
incapable of forming the MR.
R v Lipman…

Page 4

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SELF-DEFENCE

Self-defence is found in the Criminal Justice and
Immigration Act 2008.
Prevention of crime is found in Section 3 of the
Criminal Law Act 1967.
A person can use lawful force so long as they genuinely
believe it is necessary.
R v Williams
RELATE TO Q.
The force must…

Page 5

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AUTOMATISM

Defence when the act is committed 'if done by
the muscles without any control of the mind'.
AG for N.I v Bratty
RELATE TO Q.
D's act must be involuntary.
RELATE TO Q.
D must have a total loss of voluntary control (caused
by an external factor).
AG Ref…

Page 6

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CONSENT

Generally a defence to assault and battery as
we imply consent to the "physical contacts of
ordinary life". Defence to more serious injury if
an exception applies.
Defence can be used if the D honestly and
genuinely believed V consented, even if the
belief was mistaken.
R v Richardson…

Page 7

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INSANITY

The law on insanity uses the M'Naghten rules and
states that every man is presumed to be sane
unless the contrary can be proven
The D must prove that they were labouring under
a defect of reason, a disease of the mind, that made
them unaware of the nature…

Page 8

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CASE LIST ­ DEFENCES


INVOLUNTARY INTOXICATION

R v Kingston D was a known paedophile with homosexual tendencies, he had a drink spiked and was taken
to a room where he abused a sleeping 15 year-old boy.

R v Allen D drank home-made wine unaware of how strong it was and…

Page 9

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Hill v Baxter D was driving and had a collision with another car. He claimed he had been overcome by an
unknown illness and had been unconscious at the time.

R v T D had been raped and was suffering from post-traumatic stress disorder (PTSD) when she committed a
robbery…

Comments

zain

Ace work helped me a lot


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