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SQ week 9 Defences I & II
Terms in this set (16)
Johnny may be prosecuted if the prosecution successfully rebut the presumption of doli incapax by proving that Johnny knew that his conduct was wrong or that he had "mischievous discretion".
Johnny, aged 11, steals a DVD from a music shop. Which ONE of the following statements is true?
Who decides whether a defendant is fit to plead in the Crown Court (i.e., fit to stand trial)?
Which of the following is NOT a suitable disposal for a defendant who is deemed to be not guilty by reason of insanity?
Absentmindedness due to depression
Which of the following conditions is NOT likely to amount to a defect of reason caused by a disease of the mind for the purposes of insanity?
Quick and Paddison (1973)
Which ONE of the following cases is an authority for the principle that a defendant who commits an offence while suffering a hypoglycaemic attack may plead automatism?
Marie was involuntarily intoxicated and has a defence to any charge provided the mens reais not proved
Marie's drink is spiked with a drug which causes her to lash out and attack Scarlet. Which of the following statements is true?
Bill was involuntarily intoxicated and has a defence to any charge provided the mens rea is not proved
Bill takes some tablets which usually have a sedative effect but they actually cause Bill to become violent and he attacks his girlfriend whilst in an intoxicated state. Which of the following statements is true?
Attorney General for Northern Ireland v Gallagher (1963)
Which of the following cases is the authority for the proposition that dutch courage is no defence?
Williams (Gladstone) (1987)
Which ONE of the following cases is authority for the principle that a mistaken belief that the use of force is necessary will not preclude the defence of self-defence?
Boris will not be able to rely on self-defence because his mistake was due to intoxication
Boris attends Ken's stag do. After many drinks, Boris takes to the dance floor in an attempt to impress a girl. When Ken hears a Bee Gees tune being played, he runs to the dance floor in excitement. Boris sees Ken running towards him with a fist in the air and mistakenly believes that Ken is about to strike him. Boris punches Ken in the face, knocking him to the floor. Boris is charged with battery and wishes to plead self-defence. Which of the following statements is most likely to be true?
The defendant's psychiatric condition in respect of whether or not the defendant used reasonable force
Which of the following factors is NOT a relevant consideration in determining whether a defence of self-defence will be successful?
The defence bear the evidential burden and the prosecution bear the legal burden
Which of the following statements is true in respect of the burden of proof for self-defence?
Threats of serious financial ruin
Which ONE of the following threats does duress NOT apply to?
Self-induced abuse of drugs
Which of the following characteristics may not be taken into account in determining a sober person of reasonable firmness sharing the characteristics would have responded to the threats that the defendant did?
Paul will not be able to rely on the defence of duress because there is an insufficient nexus between the threat and the robbery
Kevin, a money lender, threatens to cause serious injury to Paul unless Paul repays Kevin the £15,000 he owes him. As a result of these threats, Paul carries out an armed robbery on a bank and obtains £15,000 to pay Kevin. Paul is charged with robbery. Which of the following statements is true?
Which ONE of the following cases is authority for the principle that duress is no defence to attempted murder?
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