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denial of offences+ defences

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1st year law llb lecture notes from myself a student at city university of london who obtained a First in my exams revising from these notes

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  • November 8, 2018
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  • 2017/2018
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Lecture 3- Denials of an ofence

Technical diferennanon of denials/defences

 Denial of an ofence

Denial of the actus reus or mens rea (or both)

D has to bring some evidence to support this. Such evidence can in some cases be used against D

 Defences

Actus reus and mens rea are present but there is an excuse (defence)

Specifc- available onl on some ofences

General- available on all ofences

Intoxicanon

General rule: drunken intent is snll intent (R v Kingston 1994- In this case D did form intent so he was
not able to rel on the defence of intoxicanon)

 Principle of prior fault (no MR)

Majewski 1976- “if a man of his own volinon takes a substance which causes him to cast of the
restraints of reason and conscience, no wrong is done to him b holding him answerable criminall
for an injur he ma do while in that condinonn (should be answerable).

When is the prior conduct so blameworth that we can use prior fault to subsntute for the missing
mens rea? If:

 D’s intoxicanon was voluntar
 It was a basic intent ofence
 The intoxicanng substance was dangerous
 D lacked MR because of the intoxicanon

Then D is liable (T1- drinking T2- is commitng the ofence)

1. voluntar or involuntar

If involuntar , D has not chosen to take intoxicanon risks. Intoxicanon rules will not be used to
replace the lack of mens rea= no liabilit (Allen 1988- D’s intoxicanon was voluntar ) (kingston 1994-
involuntar intoxicanon but snll had mens rea, D had paedophilic tendencies alread ) (Ross v HM
advocate 1991- no intent and involuntar intoxicanon)

If voluntar …

2. Specifc or basic?

Specifc intent ofences: Intoxicanon will NOT be used to replace a lack of mens rea = no liabilit .

Basic intent ofences: Intoxicanon can replace a lack of mens rea

DPP v Majewski 1977; Heard 2007

 Murder = specifc (Beard 1920)
 Manslaughter = basic (Beard 1920)

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