The Defences

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  • Created by: A Francis
  • Created on: 05-06-13 13:57
Insanity
Available for all offence where Mens Rea is Required
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M'Naghten
There must be (1) A Defect of Reason (2) This must be the result of a Disease of the Mind (3) Causes the D Not to know the Nature and Quality of his act, or not to know he was doing wrong
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Clarke
The Defect of Reason must be more than absent-mindedness or confusion
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Kemp
The disease can be a mental or physical disease which affects the mind (Hardening of the Arteries)
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Sullivan
Epilepsy can be a disease of mind
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Hennessy
Diabetes can be a disease of mind
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Quick
The automatic state due to the disease of mind must come from an internal factor
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There are two ways the D may not know the Nature and quality of his act
These are (1) He is unconscious or in a state of impaired consciousness (2) He is conscious but due to his mental condition he does not understand or know what he is doing
8 of 32
Windle
The D is not able to use the defence of insanity if he reaalises that his act was legally wrong
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Automatism
Available for all offences
10 of 32
Bratty v Attorney General for Northern Ireland
Automatism was defined as 'an act done by the muscles without any control of the mind, such as a spasm, a reflex action or a convulsion
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R v T
Exceptional stress can be an external factor which may cause an automatism
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A-G Reference (No2 of 1992)
There must be a total destruction of voluntary control
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Intoxication
Available for Offences of Specific Intent
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Sheehan and Moore
Where the D are so intoxicated they are unable to form the necessary men rea for a specific intent crime the defence will apply
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AG for Northern Ireland v Gallagher
The defence will not succeed if the D has the necessary mens rea for the offence committed (A Drunken intention is still an intention)
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DPP v Majewski
The defence is unavailable for basic intent crimes as becoming intoxicated is a reckless course of conduct - and therefore satisfies the mens rea.
17 of 32
Richardson and Irwin
The D was allowed the defence of Intoxication as they would not have realised the risk whether they were sober or not - The mere fact of intoxication does not automatically make the D guilty
18 of 32
Kingston
If the D would have formed the mens rea whether he was intoxicated or not Involutary Intoxication will not be a defence
19 of 32
Hardie
If the effects of the intoxicating substance are not what are expected, The D is not reckless
20 of 32
Self Defence
Available for All Offence
21 of 32
Self Defence depends on two points
(1) Was the force necessary (2) Was the force used reasonable in the circumstances
22 of 32
Williams
The D should be judged on his genuine mistake - regardless of whether this mistake was reasonable or unreasonable
23 of 32
Consent
Available for Assaults with no or only minor injuries
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Tabassum
The Consent given must be a true consent and not one gained through deception
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Olugboja
Submission due to fear is not consent
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Dica
Would the Consent be given if the V knew all of the facts
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Wilson v Pringle
There is an implied consent to ordinary 'jostling'
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Brown
The Defence of Consent can not be used for S47 offence or higher
29 of 32
Barnes
Consent is given in Contact Sports within the rules
30 of 32
Wilson
Body Adornment can be consented to
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Jones
V can consent to Horseplay
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Other cards in this set

Card 2

Front

There must be (1) A Defect of Reason (2) This must be the result of a Disease of the Mind (3) Causes the D Not to know the Nature and Quality of his act, or not to know he was doing wrong

Back

M'Naghten

Card 3

Front

The Defect of Reason must be more than absent-mindedness or confusion

Back

Preview of the back of card 3

Card 4

Front

The disease can be a mental or physical disease which affects the mind (Hardening of the Arteries)

Back

Preview of the back of card 4

Card 5

Front

Epilepsy can be a disease of mind

Back

Preview of the back of card 5
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