Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of age, insanity, automatism, intoxication, and mistake. If D is under the age of ten, he is deemed incapable of criminal liability. Insanity is where D proves he had a disease of mind which caused a defect of reason so that D did not know the nature and quality of his act or that it was wrong. Non-insane automatism is an assertion by D that the prosecution cannot prove the actus reus of the offence because D was not in control of his muscular movements. Intoxication rarely succeeds as a defence. Involuntary intoxication is a defence if D does not form mens rea. Voluntary intoxication is a defence only if D is charged with a specific intent crime and D did not form mens rea. Mistake is a defence provided the mistake prevents D forming mens rea.
Chapter
14. Defences I
Chapter
7. Defences
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions focusing on the defences. The chapter covers the mental defences of insanity, automatism, and intoxication, as well as the compulsion defences of duress, necessity, and self-defence. Defences affecting the mental element can be quite similar, and there is considerable overlap. Therefore, questions on these defences need to be tackled technically and logically. The test for duress is tighter than in the past, and there is considerable debate over whether the defence of necessity exists at all.
