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Crime 7

General Defences

TermDefinition
Intoxication More likely to provide a defence to crimes of specific intent
Insanity Defined by M'Naghten Rules
Bratty Epilepsy = insanity (Denning)
Burgess Sleepwalker - attack with VCR!
Windle 'I suppose they will hang me for this'
Kingston Involuntary intoxication but no defence as he had MR
R v T Rape causing PTSD = external factor
Hardie Vallium wardrobe guy
Quick Diabetic nurse - automatism
Hennessy Diabetic driver - insanity
Majewski Outlines rules on intoxication
Lipman Intoxication successful defence to murder
AG's Ref #2 of 92 D must lose control completely to plead automatism
Clarke Insanity does not include absent-mindedness
Gallagher 'Dutch courage' = no defence
Hatton/O'Grady Intoxicated mistake is no excuse in self-defence
Allen Home-made wine - still voluntary intoxication
Barnes Sports + consent
Aitken RAF case - rough horseplay
Jones Throwing in air - rough horseplay
Leach Crucifixion - dangerous exhibition?
Dica HIV transmission - not informed consent
Wilson Branding - body adornment
Brown/Emmett Intentional infliction of pain/injury unlikely to become lawful because of consent
Pretty Consent is no defence to murder
Martin/Hussain Unreasonable force in defence of home
Buckley Relative size and strength may be taken into account in self defence
Rashford/Keane If D was the initial aggressor, self-defence MAY still succeed
Bird Failure to retreat won't automatically preclude self-defence
Oye Delusional belief in a threat won't be acceptable for self defence
Beckford Pre-emptive strike in self defence is acceptable
Palmer D needn't 'weigh to a nicety' his response to a threat
Duress by threats D was forced to commit crime by threat of death or serious harm
Duress of circumstances D was forced to commit a crime by circumstances presenting a threat of death or serious harm
Necessity Similar to duress of circumstances but possibly available for murder?
Howe Duress not accepted as defence to murder
Dudley & Stephens Necessity failed as defence - shipwreck
Re A Necessity discussed in case about conjoined twins
Willer Duress of circumstances case - reckless driving
Gotts Duress not a defence to attempted murder
Hasan Duress not available to those associating with violent people or if threat is not imminent
Shepherd Duress was available where gang were not initially violent
Bowen D's low IQ could not be taken into account in duress test
Wilson Duress no defence to murder by 13 year old
Graham Sets out test for duress
Cole In duress there must be nexus between crime and instruction
Collins Illustrates 'householder' rule in self-defence
Williams (Gladstone) Genuine, but mistaken belief that force was necessary
Created by: Mr Lovell