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Questions and Answers
What is the term for a defence where the defendant claims they were suffering from a mental condition that impaired their responsibility?
What is the term for a defence where the defendant claims they were suffering from a mental condition that impaired their responsibility?
- Diminished responsibility (correct)
- Duress
- Loss of control
- Insanity
What is the term for a defence where the defendant claims they were forced to commit the crime due to threats or intimidation?
What is the term for a defence where the defendant claims they were forced to commit the crime due to threats or intimidation?
- Self defence
- Duress (correct)
- Necessity
- Insanity
What is the term for a defence where the defendant claims they were acting to prevent a greater harm from occurring?
What is the term for a defence where the defendant claims they were acting to prevent a greater harm from occurring?
- Self defence
- Duress
- Automatism
- Necessity (correct)
What is the term for a defence where the defendant claims they were not conscious of their actions at the time of the crime?
What is the term for a defence where the defendant claims they were not conscious of their actions at the time of the crime?
What is the term for a defence where the defendant claims they were acting in self defence?
What is the term for a defence where the defendant claims they were acting in self defence?
What is the term for a defence where the defendant claims they were suffering from a mental disorder that impaired their ability to understand the nature of their actions?
What is the term for a defence where the defendant claims they were suffering from a mental disorder that impaired their ability to understand the nature of their actions?
What is the term for a defence where the defendant claims they lost control of their actions due to a qualifying trigger?
What is the term for a defence where the defendant claims they lost control of their actions due to a qualifying trigger?
What is the term for a defence where the defendant claims they were intoxicated at the time of the crime, but did not voluntarily consume the intoxicating substance?
What is the term for a defence where the defendant claims they were intoxicated at the time of the crime, but did not voluntarily consume the intoxicating substance?
What distinguishes loss of control from diminished responsibility?
What distinguishes loss of control from diminished responsibility?
Which of the following is NOT a type of affirmative defence?
Which of the following is NOT a type of affirmative defence?
What is the significance of the 'qualifying trigger' in the context of loss of control?
What is the significance of the 'qualifying trigger' in the context of loss of control?
What is the difference between voluntary and involuntary intoxication?
What is the difference between voluntary and involuntary intoxication?
What is the purpose of the 'fairness of proof' defence?
What is the purpose of the 'fairness of proof' defence?
What is the significance of the 'Corones Junce Act 2009' in the context of loss of control?
What is the significance of the 'Corones Junce Act 2009' in the context of loss of control?
What is the key element of the automatism defence?
What is the key element of the automatism defence?
What is the difference between internal and external automatism?
What is the difference between internal and external automatism?
What is the primary purpose of an affirmative defence?
What is the primary purpose of an affirmative defence?
Under which type of automatism defence is the defendant considered not conscious of their actions?
Under which type of automatism defence is the defendant considered not conscious of their actions?
What is the key element of the duress defence?
What is the key element of the duress defence?
Which defence involves the defendant claiming they were acting to prevent a greater harm from occurring?
Which defence involves the defendant claiming they were acting to prevent a greater harm from occurring?
What is the primary difference between internal and external automatism?
What is the primary difference between internal and external automatism?
Which defence involves the defendant claiming they were suffering from a mental condition that impaired their responsibility?
Which defence involves the defendant claiming they were suffering from a mental condition that impaired their responsibility?
What is the primary purpose of the 'loss of control' defence?
What is the primary purpose of the 'loss of control' defence?
Which defence involves the defendant claiming they were forced to commit the crime due to threats or intimidation?
Which defence involves the defendant claiming they were forced to commit the crime due to threats or intimidation?
What is the primary purpose of the 'necessity' defence?
What is the primary purpose of the 'necessity' defence?
What is the key element of the 'insanity' defence?
What is the key element of the 'insanity' defence?
What type of defence involves the defendant claiming they were not responsible for their actions due to an external factor?
What type of defence involves the defendant claiming they were not responsible for their actions due to an external factor?
What is the significance of the 'M'Naughten rules' in the context of the insanity defence?
What is the significance of the 'M'Naughten rules' in the context of the insanity defence?
What type of defence involves the defendant claiming they were forced to commit the crime due to circumstances?
What type of defence involves the defendant claiming they were forced to commit the crime due to circumstances?
What is the primary purpose of the 'fairness of proof' defence?
What is the primary purpose of the 'fairness of proof' defence?
What is the key difference between internal and external automatism?
What is the key difference between internal and external automatism?
What is the primary purpose of an affirmative defence?
What is the primary purpose of an affirmative defence?
What is the key difference between internal and external automatism?
What is the key difference between internal and external automatism?
What is the primary purpose of the 'necessity' defence?
What is the primary purpose of the 'necessity' defence?
What is the term for a defence where the defendant claims they were acting in self-defence?
What is the term for a defence where the defendant claims they were acting in self-defence?
What is the primary purpose of the 'duress' defence?
What is the primary purpose of the 'duress' defence?
What is the term for a defence where the defendant claims they were not conscious of their actions at the time of the crime?
What is the term for a defence where the defendant claims they were not conscious of their actions at the time of the crime?
What is the primary purpose of the 'insanity' defence?
What is the primary purpose of the 'insanity' defence?
What is the term for a defence where the defendant claims they were intoxicated at the time of the crime, but did not voluntarily consume the intoxicating substance?
What is the term for a defence where the defendant claims they were intoxicated at the time of the crime, but did not voluntarily consume the intoxicating substance?
What type of defence involves the defendant claiming they were forced to commit the crime due to circumstances?
What type of defence involves the defendant claiming they were forced to commit the crime due to circumstances?
Flashcards
Diminished Responsibility
Diminished Responsibility
A defense claiming the defendant's mental condition impaired their responsibility for the crime.
Duress
Duress
A defense claiming the defendant was forced to commit a crime due to threats or intimidation.
Necessity
Necessity
A defense claiming the defendant acted to prevent a greater harm.
Automatism
Automatism
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Self-Defense
Self-Defense
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Insanity
Insanity
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Loss of Control
Loss of Control
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Involuntary Intoxication
Involuntary Intoxication
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Loss of Control vs. Diminished Responsibility
Loss of Control vs. Diminished Responsibility
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Affirmative Defense
Affirmative Defense
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Qualifying Trigger (Loss of Control)
Qualifying Trigger (Loss of Control)
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Internal Automatism
Internal Automatism
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External Automatism
External Automatism
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Fairness of Proof Defence
Fairness of Proof Defence
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M'Naghten Rules
M'Naghten Rules
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Voluntary Intoxication
Voluntary Intoxication
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Automatism Defence
Automatism Defence
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Purpose of Affirmative Defence
Purpose of Affirmative Defence
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Purpose of Necessity Defence
Purpose of Necessity Defence
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Purpose of Duress Defence
Purpose of Duress Defence
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Study Notes
Defences
- Diminished responsibility: a defence of murder, where the defendant suffers from a mental condition, which affects their ability to control their actions.
Loss of Self Control
- Defined under the Coroners and Justice Act 2009
- Requires a qualifying trigger, such as sexual infidelity or a person's age
- Recognized medical conditions, such as PTSD, can be considered as a qualifying trigger
Types of Defences
- Faire of proof defence
- Diminished responsibility
Affirmative Defences
- Duress: where the defendant was under an external threat or menace
- Self defence: the use of force to protect oneself against unlawful force
- Insanity: a mental disorder that impairs the defendant's ability to distinguish right from wrong
Case: M'Naughter
- Claimed insanity due to delusion
- Case: AA-Gret, requires a total deprivation of volition on the defendant's part
Faire of Proof Defences
- Automatism: actions taken by a person who is not conscious of what they are doing
- Cases: external factors, such as RVT robbery, or internal factors, such as Bratty 1957 epilepsy
Affirmative Defences
- Necessity: where the defendant's action, although illegal, was necessary to prevent a greater harm from happening
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Description
Test your knowledge of criminal law defences, including diminished responsibility, loss of self control, and affirmative defences. Learn about the different types of defences and their applications in criminal law.
