Defence overview

Question 1

What is needed for Criminal Liability?

Answer 1

Actus Reus + Mens Rea + Absence of a valid defence

Question 2

What are general defences available?

Answer 2

• Intoxication: more likely to be successful if involuntarily intoxicated (drugged without consent) but if voluntarilty intoxicated, rules are more complex
• Consent: in relation to non-fatal offences, availabililty depends on seriousness of offence.
• Self-defence: complete defence and can be relied if D honestly believed use of force was necessary and if level of force D used was objectively reasonable in circumstances.
• Mistake: where D makes a mistake of fact and so mens rea of offence is not fulfilled.