User Tools

Site Tools


general_defences

General Defences

1. Insanity -Insane at the time of the offence and unfit to plead.

2. Automatism - The defence of non-insane automatism exists where a person commits a crime in circumstances where their actions can be said to be involuntary. Unable to control actions and was not self-induced such as a Hypnotic trance.

3. Mistake

4. Intoxication

5. Private Defence- Self defence and preventing crime

6. Duress by Threats- Forced to break the law because of threats. “Threats of immediate death or serious personal violence so great as to overbear the ordinary powers of human resistance. Elements of the defence of duress by threat: Immediate threat, Threat of death or serious injury, Threat of violence must be to the defendant or a person for whom he has responsibility, Threat must be so great as to overbear the ordinary powers of human resistance.

7. Duress of Circumstances- “Necessity”, forced to break the because of circumstances.

general_defences.txt · Last modified: 2017/05/09 21:19 by barnaby2015