Crime - General Defences

Question 0

R v Kingston

Answer 0

Where D was unaware that he had consumed alcohol/drugs -OR- he suffered from an uncontrollable addiction, he will escape liability provided he lacked the MR for the offence

Question 1

DPP v Majewski

Answer 1

1. Where D consumed alcohol/drugs voluntarily, this will only offer a partial defence to crimes of specific intent
2. Voluntary intoxication supplies the requisite MR for crimes of basic intent, thereby creating liability

Question 2

R v Graham

Answer 2

D will be able to rely on duress of threats where he reasonably believed that EITHER he OR another was under threat of death/serious injury -AND- a reasonable person would have responded in the same way

Question 3

R v Bowen

Answer 3

Relevant characteristics ascribed to the reasonable person are:

• age
• gender
• character-unspecific circumstances

Question 4

s3(1) Criminal Law Act 1967 - Self-defence

Answer 4

D may use reasonable force in the circumstances to:

• protect himself/another
• protect property
• prevent a crime
• apprehend a fugitive

Question 5

R v Bird

Answer 5

Self-defence may be preemptive

Question 6

R v Williams (Gladstone)

Answer 6

D is judged on the need for/degree of force as he honestly believed necessary/reasonable, even if his belief was unreasonable/mistaken

Question 7

M’Naughten Rules

Answer 7

D may plead insanity where he was suffering from a defect of reason arising from a disease of the mind -AND- this meant he was unaware of EITHER/OR:

• the nature/quality of his actions
• the fact his actions were wrong

Question 8

R v Clarke

Answer 8

Defect of reason must be involuntary/uncontrollable

Question 9

R v Sullivan

Answer 9

Disease need only affect the mental faculties of reason, memory and understanding

Question 10

Bratty

Answer 10

D may be able to plead automatism if he suffered a complete loss of control owing to an external cause that was not self-induced

Question 11

R v Bailey

Answer 11

Diabetic fit arising by failure to take appropriate medication amounts to a self-induced cause

Question 12

Infancy

Answer 12

1. D will not be criminally liable if below the age of criminal responsibility (10 years old)
2. Anyone over 10 years old will be treated as an adult