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 |