Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Crime 7
General Defences
| Term | Definition |
|---|---|
| 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 | 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 |
| R v B&M | Body modification case |
| AG v Whelan | Duress case where the defence succeeded! |
| Valderrama-Vega | Threat must be of violence |
| Hobday | Cutting initials = ABH |
Created by:
Mr Lovell
Popular Law sets