Defences for non-fatal offences - Last minute notes

An exploration of the defences for the LAW03 exam

  • Consent
  • Intoxication
  • Instanity
  • Automatism
  • Self-Defence

Please remember these are VERY BRIEF revision notes intended to remind you of your other knowledge.

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The defence uses the principles that if consent is obtained than an offence is no longer unlawful for exmaple a battery requires 'unlawful touching'.

  • Horseplay - Jones - Schoolboys
  • Properly conducted games/sports - Barnes - Football tackle caused injury
  • Body adornment - Wilson - Name carving
  • Reasonable surgical intervention - Blaue - Blood transfusion
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Intoxication is a defence whereby the person was intoxicated to the point where they no longer possessed the MR for the offence:

There is both voluntary and involuntary intoxication:

  • Voluntary - DDP v Majewski
  • Involuntary - R v Kingston
  • Unpredicted reaction - R v Hardie
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Insanity is a defence whereby a person has some kind of disease of mind which provides an explanation for their conduct based off the McNaughton rules:

  • Defect of reason - Clarke - shoplifting mincemeat
  • Disease of mind - Kemp - Hardening of arteries
  • Not knowing nature/quality - Windle - Killed wife
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Automatism is a defence whereby a person has acted in an 'automatic state' where their body has acted without the mind:

  • Baily - Diabetic failed to after insulin and became aggressive
  • T - Was ***** then took part in a robbery - post traumatic stress disorder
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Self Defence / Prevention of Crime

Whereby a person reasonably defends themself or another person or helps in the arrest of another person who has committed or is reasonably suspected of committing a crime:

  • R v Gladstone Williams - mistake was made

There must be consideration to:

  • Whether the force was needed
  • Whether the force was reasonable
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