Criminal law defences

  1. what do legally recognised offences do?
    • 1. elide criminal responsiablity altogether
    • 2.diminsh the seriousness of the crime
  2. how are defences raised
    • in two ways
    • 1. reasonable doubt about material element of the crown case
    • 2.Justification defence which makes lawful a notional breach of the criminal law
  3. what do special offence include?
    • alibi
    • Incrimination- a nig bad man did it and ran away
    • Insanity
  4. what are the issues with insanity at the time of the trial?
    • Right to a fair trail requires a capable accused
    • no right to punish the afflicted
  5. what is the second difficlty with insanity?
    Both issues can occur at the same time
  6. Insanity as a defence explain
    criminal law is about punishing volountry conduct
  7. what happened in Kid v HMA
    • assulted his wife with chloroform, and aphyxiate her and do the same to his daughter
    • A)aquited on the grounds of insanity
    • onus of proving diminshed responsiablity was on the accussed
  8. what happened in Brennan V HMA
    • charged with murder of father
    • lauched special defence of insanity
    • he had took drink and drugs
    • Judge took away special defence of insanity and that he could not be convicted of culpable homocide
    • convicted of murder and appealed
    • cannot plead diminshed responsiablity or insanity if drink or drugs are taken
    • drink not an excuse
    • On the basis of the recent law on automatisim- involountary ingestion of drink or drugs could be a defence
  9. non insame automatisim
    • although not insane is in similar position
    • automatisim is now a special defence and is closley tied in with insanity
  10. what happened in Ross v HMA
    • seven charges of attempted murder
    • accused drink was spiked
    • case sent to a bench of 7 judges
    • appeal court ignored the fact that he had volountary taken alcohol
    • proof of mens rea is essential for conviction
  11. what are the threee conditions of drunkness?
    • non slef induced external factor
    • not forseen by accused
    • total loss of self control
    • there must a caustive link between the external factor and total loss of self control
  12. internal automatisim- what are the three conditions attached to such a drug
    • non self induced external factor
    • non forseen by accussed
    • total loss of self control
    • must be a causative link between the external factor and the total loss of self control
  13. what happened in Mcloead v Mathieson 1993
    • charged with careless driving
    • diabetic
    • took insulin
    • still charged with
    • Accused still convicted,
    • he had no defence becuase driver knew that he was liable to be bocome "disabled"
    • without warning and unable to control his vehcile without danger to others
    • accused convicted
Card Set
Criminal law defences
Part 1 of defences