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.

HideShow resource information

Consent

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
1 of 5

Intoxication

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
2 of 5

Insanity

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
3 of 5

Automatism

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
4 of 5

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
5 of 5

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »