Defenses
True or false: a defense will always be successful to lessen a sentence
False
When words or actions cause a sudden loss of self control, where the accused reacts immediately.
What is provocation
The accused suffered from epilepsy and during an epileptic seizure he attacked a friend, causing serious injury.
R v Sullivan (1984)
A person with epilepsy harms someone during a seizure.
Insane automatism
When does automatism occur
When the body moves involuntarily without the person's control
A person uses reasonable a proportionate force to protect themselves, others or property.
What is self-defense
In this case, the accused was a woman who killed her husband after years of severe abuse.
R v Duffy (1949)
A father is taunted by the man who killed his daughter and kills him in anger.
Provocation
What is a defense in law?
A defense is any logical reason which removes criminal liability
The state where a person's mental or physical faculties are impaired due to the voluntary or involuntary consumption of alcohol, drugs, or other substances.
What is intoxication
The accused was involved in a violent confrontation on a beach in Jamaica. He believed that he was under attack and responded by using force, which resulted in the death of another person.
R v Palmer (1971)
John‘s drink is spiked by a coworker. In his drunken state he assaults a woman at the bar.
Intoxication
List the defenses in law
insane automatism, non-insane automatism, insanity, intoxication, diminished responsibility, provocation, self defense
If at the time of the offence they did not know the act was wrong or understand the nature of the act, usually due to a disease of the mind.
What is insanity
R v Bryne (1960) and R v Dietschmann (2003) are landmark cases under which defense
Diminished Responsibility
Jeff is attacked with a knife and uses force to escape his attacker.
Self-defense
True or false: defenses look at the mens rea of a crime in order to determine criminal liability
True
Where the accused suffers from an abnormality of mental functioning that substantially impairs responsibility for their actions.
What is diminished responsibility
This is the landmark case for insanity
R v M'Hagten (1843)
A mother suffering from severe post-partum depression kills her child.
Diminished Responsibility