Class notes
Defences week 16 part 2
- Course
- Institution
lecture notes on defences week 16 part 2
[Show more]
Seller
Follow
charlie-annmarron
Content preview
Criminal law – live webinar - introduction to defences and denials of offendingFundamental concepts
- Theft – can often be confusing
- Asking the right questions
Who can be liable and why?
Default rule = everyone can be liable
- However, there are rules and exceptions – for example a 5-year-old cannot be liable or
someone seriously mentally disturbed cannot be liable etc.
When can there be no liability? = denial of offences / defences
Infancy (age) – subjects of criminal law
Insanity – denials of offences or defence
Automatism – denial of offence
Diminished responsibility – partial defence to murder
Loss of control – partial defence to murder
Intoxication – denial of offence
The unfitness to plead – procedure
Unfitness to plead
- Can the defendant understand the charges?
- Can they understand the course of trial or give evidence?
- If unfit – trial of the facts – section 4 and 4A of the Criminal Procedure (Insanity) Act 1964
- If AR committed – hospital order, supervision order or an absolute discharge
- Seemed to be unfair and a problematic system
Denial of offence
- When D claims that one or more elements of the offence are absent
- Technically, these are not defences but simply a negation of a particular offence
requirement
- Often linked to issues of capacity
- For denial of offences look at context of AR and MR and the denials at hand rather than
liability
Defences
- A defence is raised where an offence has been committed i.e., all elements of the offence
are present
- You need to discuss and conclude in relation to D’s liability for an offence or an attempted
offence first, then discuss any potential defences
- A general defence tend to be duress, necessity, self-defence
- Partial defences (to murder only) are loss of control and diminished responsibility
- Insanity? Automatism? Intoxication?
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller charlie-annmarron. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.12. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73918 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now