Lesson 3.6: General Defences

Introduction

Welcome, students! In this lesson, we will explore the concept of general defences in criminal law. Understanding these defences is crucial as they can determine the outcome of a case. By the end of this lesson, you should be able to identify and apply various defenses related to criminal charges.

Objectives:

1. Understand capacity defences like insanity, automatism, and intoxication.
2. Learn about self-defence and the defence of property, including the concept of reasonable force.
3. Examine duress and necessity as potential defences.
4. Discuss consent and its limitations in legal contexts.
5. Differentiate between complete versus partial defences and understand the burden of proof.

Capacity Defences

Capacity defences are arguments that a defendant was not in a suitable mental state to be held criminally responsible at the time of the offence. Let's delve into three major capacity defences:

Insanity

The insanity defence posits that an individual cannot be held criminally responsible for their actions due to severe mental illness. According to the M'Naghten Rule, the defendant must prove that:

• They were suffering from a mental disorder at the time of the offence,
• They were unable to understand what they were doing or that it was wrong.

Example:

If someone diagnosed with schizophrenia commits a crime while experiencing a psychotic episode, they may argue insanity, indicating they could not understand their actions during the episode.

Automatism

Automatism refers to actions taken by an individual without conscious control. This could be a result of a medical condition or external factors, like sleepwalking or a seizure. The key point here is that the defendant must show that they were not in control of their actions when the crime occurred.

Example:

Imagine a person driving who suddenly has a seizure and crashes into a building. If they can prove the seizure caused them to lose control, then they may be able to claim automatism.

Intoxication

Intoxication can be a defence but only in certain contexts. If someone is involuntarily intoxicated (for example, drugged without their knowledge), they may use it as a defence. However, voluntary intoxication rarely absolves someone of criminal liability unless it negates the mens rea of the crime.

Example:

If an individual consumes a large amount of alcohol and cannot form the intent to commit a crime (for example, they assault someone but were too drunk to understand their actions), they may use intoxication as a partial defence.

Self-Defence and Defence of Property

Self-defence is the right to protect oneself from an imminent threat and use reasonable force to do so. The law permits an individual to use force to protect others or property but must align with the principle of reasonable force.

Self-Defence

Under common law, self-defence can be applied when:

• The threat is immediate,
• The force used in response is proportionate to the threat.

Example:

If someone attacks you with a fist, you can defend yourself with similar force. However, using a weapon in response may be considered excessive if the attacker is unarmed.

Defence of Property

The defence of property allows individuals to use reasonable force to protect their possessions. However, the level of force permitted is typically lower than what is allowed in cases of self-defence.

Example:

If an intruder enters your home and attempts to steal your belongings, you may use reasonable force to stop them, but you cannot use lethal force unless your life is in danger.

Duress and Necessity

These defences relate to situations where individuals commit a crime due to external pressures.

Duress by Threats

Duress by threats occurs when a person commits a crime because they are threatened with immediate harm. The crime is often excused under duress if:

• The threat was serious enough to compel the act,
• The defendant had no reasonable way to escape the situation.

Example:

If someone is forced at gunpoint to rob a bank, they may claim duress as a defence, arguing they acted out of fear for their life.

Duress of Circumstances

Duress of circumstances involves a situation where a person commits an offence to avoid a greater harm.

Example:

If a person steals food to feed a starving child, they may argue that they acted under duress of circumstances, aiming to prevent a more severe outcome.

Necessity

Necessity is closely related to duress and can be used as a defence when a person acts to avoid a greater harm.

Example:

If someone breaks into a cabin in the woods to escape a blizzard, they may claim necessity to justify their actions against property damage charges.

Consent as a Defence

Consent may act as a defence in limited circumstances, especially in cases involving bodily harm. However, it cannot be a defence in cases of serious injury, sexual offences, and others where public interest is involved.

Example:

In contact sports, players consent to a certain level of physical contact, which can absolve players from liability for injuries caused during the game, provided all participants consent to the rules of engagement.

Conclusion

Understanding general defences is integral to navigating criminal law effectively. Recognizing the nuances of each defence can be crucial in legal proceedings, especially in evaluating the defendant's mental state, the nature of the threat, and the reasonableness of force applied.

Study Notes

• Capacity Defences: Insanity, automatism, and intoxication are key factors in determining accountability.
• Self-Defence: Right to defend oneself with reasonable force against imminent threats.
• Defence of Property: Reasonable force allowed to protect belongings, but less than self-defence.
• Duress: Compulsion as a defence due to threats or circumstances requiring action.
• Consent: Can be a defence, especially in consented activities (e.g. sports).
• Complete vs. Partial Defences: Understanding how the burden of proof impacts outcomes in a legal context.