40 Questions
What is the term for a defence where the defendant claims they were suffering from a mental condition that impaired their responsibility?
Diminished responsibility
What is the term for a defence where the defendant claims they were forced to commit the crime due to threats or intimidation?
Duress
What is the term for a defence where the defendant claims they were acting to prevent a greater harm from occurring?
Necessity
What is the term for a defence where the defendant claims they were not conscious of their actions at the time of the crime?
Automatism
What is the term for a defence where the defendant claims they were acting in self defence?
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?
Insanity
What is the term for a defence where the defendant claims they lost control of their actions due to a qualifying trigger?
Loss of control
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?
Involuntary intoxication
What distinguishes loss of control from diminished responsibility?
Loss of control is related to a qualifying trigger, while diminished responsibility is related to a mental condition.
Which of the following is NOT a type of affirmative defence?
Provocation
What is the significance of the 'qualifying trigger' in the context of loss of control?
It is a sudden and unexpected event that causes the defendant to lose control.
What is the difference between voluntary and involuntary intoxication?
Voluntary intoxication is not a defence, while involuntary intoxication is.
What is the purpose of the 'fairness of proof' defence?
To shift the burden of proof from the prosecution to the defence.
What is the significance of the 'Corones Junce Act 2009' in the context of loss of control?
It introduced the defence of loss of control.
What is the key element of the automatism defence?
The defendant was not conscious of their actions.
What is the difference between internal and external automatism?
Internal automatism is caused by a medical condition, while external automatism is caused by an external factor.
What is the primary purpose of an affirmative defence?
To excuse the defendant's criminal liability
Under which type of automatism defence is the defendant considered not conscious of their actions?
Internal automatism
What is the key element of the duress defence?
The defendant was under a threat or intimidation
Which defence involves the defendant claiming they were acting to prevent a greater harm from occurring?
Necessity
What is the primary difference between internal and external automatism?
Internal automatism is caused by an internal factor, while external automatism is caused by an external factor
Which defence involves the defendant claiming they were suffering from a mental condition that impaired their responsibility?
Diminished responsibility
What is the primary purpose of the 'loss of control' defence?
To excuse the defendant's criminal liability
Which defence involves the defendant claiming they were forced to commit the crime due to threats or intimidation?
Duress
What is the primary purpose of the 'necessity' defence?
To prevent a greater harm from occurring
What is the key element of the 'insanity' defence?
The defendant was suffering from a mental disorder
What type of defence involves the defendant claiming they were not responsible for their actions due to an external factor?
Automatism
What is the significance of the 'M'Naughten rules' in the context of the insanity defence?
They establish the criteria for the insanity defence
What type of defence involves the defendant claiming they were forced to commit the crime due to circumstances?
Duress
What is the primary purpose of the 'fairness of proof' defence?
To shift the burden of proof from the defendant to the prosecution
What is the key difference between internal and external automatism?
Internal automatism is caused by a mental condition, while external automatism is caused by an external factor
What is the primary purpose of an affirmative defence?
To admit the defendant's guilt but provide a justification or excuse
What is the key difference between internal and external automatism?
Internal automatism is caused by a mental disorder, while external automatism is caused by an external factor.
What is the primary purpose of the 'necessity' defence?
To claim that the defendant was acting to prevent a greater harm from occurring.
What is the term for a defence where the defendant claims they were acting in self-defence?
Self-defence
What is the primary purpose of the 'duress' defence?
To claim that the defendant was forced to commit the crime due to threats or intimidation.
What is the term for a defence where the defendant claims they were not conscious of their actions at the time of the crime?
Automatism
What is the primary purpose of the 'insanity' defence?
To claim that the defendant was 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 intoxicated at the time of the crime, but did not voluntarily consume the intoxicating substance?
Involuntary intoxication
What type of defence involves the defendant claiming they were forced to commit the crime due to circumstances?
Necessity
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
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.
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