Defences and criminal capacity

• What is the criminal capacity of a person under the age of 10?

  Not liable
• What does it mean for a defendant to be unfit to plead?

  They lack sufficient intellect to comprehend the trial proceedings
• What are the three criteria for being unfit to plead?

  Lack intellect to comprehend trial, challenge juror, comprehend evidence
• What can happen if a defendant is found unfit and guilty?

  The court can send them to a hospital, impose supervision, or dismiss the case
• What is involuntary intoxication in legal terms?

  It prevents the defendant from forming the mens rea of the crime
• Does ignorance of the alcohol strength taken voluntarily make it a voluntary intoxication?

  No, it does not make it voluntary
• For which types of crimes can involuntary intoxication be used as a partial defense?

  Specific and general intent crimes, e.g., burglary, robbery, assault
• What is the legal stance on voluntary intoxication by non-dangerous substances?

  It can be a defense if it negates mens rea for specific intent crimes
• How does voluntary intoxication by dangerous drugs/alcohol affect mens rea?

  It cannot negate the mens rea of basic intent offenses
• What is the effect of voluntary intoxication on basic intent offenses?

  It is a partial defense that usually results in a lesser charge
• For which offenses can voluntary intoxication be used as a defense to negate mens rea?

  Specific intent offenses like murder, GBH, conspiracy, theft, robbery, burglary
• What constitutes self-defense in legal terms?

  Acting to protect oneself, another, or property, or to prevent a crime
• What must a defendant believe for self-defense to be justified?

  They must subjectively believe that force is immediately required
• How is the reasonableness of force in self-defense determined?

  It must be proportionate based on the facts as the defendant believed them to be
• Is it grossly disproportionate to use force against a home intruder?

  No, it is not grossly disproportionate
• What is the legal principle of necessity in committing an offense?

  Committing an offense as a lesser of two evils to avoid an inevitable evil
• What must a defendant do to justify necessity?

  They must do what was reasonably necessary and the evil inflicted must not be disproportionate
• Is the necessity defense available in murder cases?

  No, it is not available in murder cases
• What are the requirements for the defense of duress?

  Threat of death or serious injury, immediate threat, no opportunity to take evasive action
• Who can the threat in a duress case be directed against?

  Against the defendant, a close relative, or someone they feel responsible for
• What must a defendant have to rely on the defense of duress?

  Good cause to fear, considering the nature of the threat
• How is the reaction of a person of reasonable fortitude relevant to duress?

  They would have acted the same as the defendant given the circumstances
• What is the requirement for the immediacy of the threat in duress cases?

  The threat must be sufficiently immediate
• When can a defendant not rely on the defense of duress?

  If they voluntarily associated with the maker of the threat knowing their violent tendencies
• What crimes exclude the defense of duress?

  Murder and attempted murder