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Defences-law
Law
33 cards
Criminal Law cases
Law
76 cards
Cards (131)
Automatism was defined in what case?
Bratty
v
A-G-for-Northern-Ireland
Automatism is defined at what?
an act done by the
muscle without control
of the
mind
AG’s
ref 2 of
1992
states what?
D must have lost
control
of their
actions
rather then impaired control
Automatism requires what?
An external cause
Being diabetic but not eating properly is?
external
Self induced automatism can Be a defence for what?
Specific intent
crimes
Self induced automatism cannot be a defence for what?
Basic intent crimes
What’s the exception about basic intent crimes and self-automatism
Can be a defence if
Defendant unaware
of
risks
Is consent a full defence?
Yes
Consent is only a full defence for what type of offence.
Non-fatal offences
Consent can be
what
?
Express
or
implied
What is the general rule for consent?
It is not in the
public
interest for people to cause
bodily harm
exemptions to the general rule of consent
Legal sports
(coley and barnes)
surgical interference
, (male circumcision allowed but not female genital multination)
lawful chastisement
( if reasonable)
Implied consent is used in what form of violence?
jostling
(Wilson v Pringle) and rough horseplay (JONES)
Consent can be given with risk of STD but not with what?
intention to spread disease
Consent is not a defence to what?
sado-masochistic sexual activities
Cases for sado-masochistic sexual activities
(
Brown
) and (
Emmett
)
Consent can be a defence for body adornment such as tattoos but not what?
Extreme adornment
such as tongue splitting
is Submission through fear a defence?
no
Consent must be real, this means what?
There is no
deception
or V must comprehend nature of
consenting
Genuine mistake of consent can be a defence?
yes
If V is mentally incapacitated can decision's be made on their behalf
Yes
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