Complete Handout/Worksheet on General Defences in English Law.
Written by an experienced Law examiner and used many times in classes of my own, obtaining excellent results.
This is a 25-page workbook which includes questions and highlighted key points and cases.
There is an accompanying Worksheet of review questions in addition to this Worksheet.
Here’s a summary of the document:
The document provides an overview of various general defences in English law, including Automatism, Insanity, Duress, Intoxication, Consent, and Self-Defense/Prevention of Crime.
- Automatism: Automatism is divided into non-insane and self-induced automatism.
- Insanity: Insanity is governed by the M’Naghten Rules, which require proving a defect of reason caused by a disease of the mind, leading to a lack of understanding of the nature and quality of the act or its wrongfulness.
- Duress: Duress involves committing a crime under the threat of death or serious bodily harm.
- Intoxication: Intoxication can be a defense for specific intent crimes if it prevents the formation of mens rea.
- Consent: Consent is generally not a defense for causing actual bodily harm, except in cases of implied consent in sports or medical procedures.
- Self-Defense/Prevention of Crime: Self-defense allows the use of reasonable force to protect oneself, others, or property.
- Automatism vs. Insanity: The distinction between automatism and insanity often lies in whether the cause is external (automatism) or internal (insanity), leading to different legal outcomes.
- Duress by Threats vs. Duress of Circumstances: Duress by threats involves direct threats forcing D to commit a crime, while duress of circumstances involves committing a crime to avoid imminent harm.
- Voluntary vs. Involuntary Intoxication: Voluntary intoxication is self-induced and generally not a defense for basic intent crimes, while involuntary intoxication can be a defense if it negates mens rea.
- Proportionality in Self-Defence: The use of force in self-defense must be reasonable and proportional to the threat; excessive force invalidates the defence.
An excellent resource for any AS or A Level Law student.
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