Defences Condensed

• Defence of another and prevention of crime under the Criminal Law Act 1967
• S76 Criminal Justice and Immigration Act 2008- force must be reasonable (MARTIN)
• May not be able to weigh to a nicety any necessary action (PALMER)
• D only did what was "honestly and instinctively" thought to be necessary (WILLIAMS)
• Voluntary intoxication: cannot use mistaken belief (O'GRADY) in contrast to (BECKFORD)
• Pre-emptive strike is allowed (AG REF No2)

• M'Naghten Rules 1843- at the time of committing the act, D was labouring under such a defect of reason caused by a disease of the mind, as not to know the nature and quality of his act and if he did know it, that he did not know it was legally wrong
• Temporary absentmindedness is not enough (CLARKE)
• Disease of the mind is a legal concept, decided by the Judge
• Internal (HENESSEY), External (QUICK)
• Nature of act: BURGESS, KEMP, SULLIVAN
• Legally wrong (WINDLE)

• Freely given by adults (BURRELL AND HARMER), Fully informed (DICA)
• Consent can never be given for death (PRETTY)
• Given by adults but not accepted on policy grounds (BROWN)
• Implied (AG REF NO6), consent would be applicable:

1) Properly conducted games (BARNES)

2) Rough horseplay (JONES, AITKEN)

3) Surgery

4) Ear/body piercing

5) Tattooing 

• Alcohol and/or drugs
• Basic or specific (MAJEWSKI), voluntary or involuntary
• Specific: Intent e.g. S18, murder. Basic: Reckless e.g. S39, S47,S20 and Invol Manslaughter
• Dutch courage (GALLAGHER)
• Involuntary intoxication (KINGSTON) "Drunken intent is still intent"
• Fall-back offence (LIPMAN)

• "Act done by the muscles without any control by the mind such as a spasm, a reflex action or a convulsion or an act done by a person who is not conscious of what he is doing." (BRATTY)
• No control (AG REF NO2), Involuntary
• External factor (HILL V BAXTER, QUICK)
• Self-induced (LIPMAN, BAILEY)