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General Defences

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