Crime

Card Set Information

Author:
dojamilt
ID:
165591
Filename:
Crime
Updated:
2012-08-10 15:50:45
Tags:
Defences
Folders:

Description:
Defences
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  1. Automatism
    An involuntary reflex action. (For example, against bees.)
  2. Intoxication
    No general defence but voluntary and involuntary intoxicaton can degate mens rea in offences of specific intent, unless deliberately intoxicated for Dutch Courage.
  3. Insanity
    Defect of reason, or a disease of mind which meant that they didn't know what they were doing, or if they did, that they didn't know that it was wrong.
  4. Mistake
    Thought the circumstances were one thing, when they were in fact another.
  5. Dress by Threats
    ...of death or physical injury.

    • a) Threat must have caused act.
    • b) A reasonable person with the same characteristics would have done the same thing.
    • c) Threat of injury must be more or less immediate.
    • d) Must not have exposed themself to an otherwise unavoidable risk of duress.
    • e) No defence to murder or attempted murder.
  6. Duress of Circumstances
    For example, a disqualified driver driving a dying man to hospital.

    The court will decide.
  7. Defence of Self, Another, or Property
    A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or persons unlawfully at large.

    S.3(1) Criminal Law Act 1967

    Pre-emptive strike may be justifiable in all circumstances if it is proportionate.
  8. Infancy
    Under 10.

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