Defences and Cases

Insanity (Insane Automatism)
Common Law, General, Capacity (no mens rea), "Not guilty but insane".
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M'Naghten's Case
Established the three M'Naghten Rules. (A complete defect of reason)(A disease of the mind)(So as to become unaware of the nature and quality of his actions, or not know his actions were wrong).
2 of 45
Clarke
Absentmindedness is not a defect of reason.
3 of 45
Kemp
A disease of the body (arteriosclerosis) affecting the mind is a disease of the mind.
4 of 45
Sullivan
Epilepsy is a disease of the mind. Caused internally.
5 of 45
Hennessey
Hyperglycaemia is caused internally, so is a disease of the mind.
6 of 45
Burgess
Sleepwalking is caused internally, so is a disease of the mind.
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Windle
D was aware of the nature, quality and wrongness of actions. No legal defence even though he was medically insane.
8 of 45
Automatism
Common Law, General Defence, Capacity Defence (no voluntary actus reus), Complete Defence
9 of 45
Bratty v AG for Northern Ireland
Epilepsy. Limited Automatism to reflex actions (spasms, convulsions, unconscious)
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Quick
Hypoglycaemia is caused externally.
11 of 45
Broome v Perkins
D had some awareness of actions. Not a total loss of voluntary control.
12 of 45
Bailey
Self induced automatism is not a defence
13 of 45
Hardie
If the D did not know his actions would cause automatism, he can use the defence
14 of 45
Intoxication
General Defence, Capacity Defence (no mens rea), Partial Defence?.
15 of 45
DPP v Majewski
Set out two stage approach for Intoxication (Voluntary vs Involuntary)(Specific vs Basic Intent Crime). Also, voluntary intoxication is a reckless act so is sufficient mens rea for basic intent offences.
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Kingston
Not a complete lack of mens rea. Drunken intent is still intent., whether Intoxication was voluntary or not.
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Hardie
Unexpected side effects of drugs (Valium and aggressiveness) are involuntary intoxication.
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Allen
Mistake as to strength is not involuntary intoxication.
19 of 45
Sheehan and Moore
When a D is charged with a specific intent offence and he was voluntarily intoxicated (and so lacking mens rea/intention), he will be charged with the basic intent counterpart (Murder to Manslaughter)
20 of 45
AG Northern Ireland v Gallagher
If the D was voluntarily intoxicated to get Dutch Courage, he will be convicted of the specific intent offence.
21 of 45
Prevention of Crime/Self Defence
General Defence, Complete Defence, Necessity Defence.(D is judged in reference to the events as D thought them to be- Subjective)(D my use force as is objectively reasonable in his (subjective) circumstances).Criminal Justice and Immigration Act 2008
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Gladstone Williams
D is to be judged in reference to the events as D thought them to be. (Honest Mistake)
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Beckford
D may use force when he (even mistakenly) apprehends an attack. (Preemptive Strike)
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O'Grady
If D's mistake is due to voluntary intoxication, he can't use the mistaken belief.
25 of 45
Owino
Force was objectively unreasonable, even in the subjective circumstances.
26 of 45
Martin
Force was objectively unreasonable, even in the subjective circumstances.
27 of 45
Bird
Courts will consider possible retreat, but there is no duty to.
28 of 45
Palmer
If D used what they honestly and instinctively thought to be reasonable force for a legitimate purpose, there is strong evidence that the force was reasonable (D cannot weight to a nicety the exact measure of necessary action)..
29 of 45
Consent
Consent
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AGs reference (no6 of 1980)
Always a defence to common assault/battery because there is no injury caused.
31 of 45
Barnes
A person can consent to injury in properly conducted games and sport..
32 of 45
Jones
Horseplay
33 of 45
Wilson
Body Adornment
34 of 45
Duress
Complete defence. D has committed the offence because he has been threatened with death or serious injury. Used for all crimes except murder (Howe), attempted murder (Gotts) and possibly treason. Can be by threats or circumstances.
35 of 45
Valderrama-Vega
Threat must be of death or serious injury, unless there is cumulative effect of other serious threats (Serious violence against him and family plus revealing his homosexuality).
36 of 45
Graham
Develops two stage approach for duress of threats.(Did D act because he reasonably believed he had cause to fear serious injury or death)(Would a sober person of reasonable firmness, sharing the same characteristics of D, do the same?)
37 of 45
Bowen
Decided which characteristics could be considered (Age, Sex, Pregnancy, Serious Physical Disablilty, Reconised Mental Illness or Psychiatric Condition).
38 of 45
Gill
Duress can only be used if D has no safe avenue of escape.
39 of 45
Hudson and Taylor
Threat must be effective/present at the moment the crime is committed. This does not mean the threat has to be carried out immediately.
40 of 45
Willer
Duress of circumstances. D has been forced to respond to the circumstances in which he found himself.
41 of 45
Conway
Duress of circumstances. Threat can be to friends.
42 of 45
Martin
Duress of circumstances. Threat can be to family.
43 of 45
Sharp
Self induced duress is not a defence (If the source of the threat is a violent organisation (criminal gang or terrorist group) which D voluntarily joined).
44 of 45
Shepherd
D may not have taken the risk of violence by joining a gang whose activities were not overtly violent (a gang of shoplifters is different to a gang of armed robbers).
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Other cards in this set

Card 2

Front

Established the three M'Naghten Rules. (A complete defect of reason)(A disease of the mind)(So as to become unaware of the nature and quality of his actions, or not know his actions were wrong).

Back

M'Naghten's Case

Card 3

Front

Absentmindedness is not a defect of reason.

Back

Preview of the back of card 3

Card 4

Front

A disease of the body (arteriosclerosis) affecting the mind is a disease of the mind.

Back

Preview of the back of card 4

Card 5

Front

Epilepsy is a disease of the mind. Caused internally.

Back

Preview of the back of card 5
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