Defences

There are two types of defences in the Law:

Full Defences

These defences if successful will lead to a suspect being found not guilty of any and all offences to which the defence applies.

Partial Defences

These defences if successful will lead to a reduced sentence  or reduced charge

Insanity

Insanity is a Full defence and is available for any and all crimes.  If a suspect is found to be insane then the verdict of Not guilty by reason of insanity will be given.  

The case of M'Naughton [1843} sets out that for a successful defence of insanity, the defence must prove that the defendant, at the time of the offence was suffering from:

1. A defect of reason (Mere forgetfulness or absent mindedness is not sufficient)

2. Caused by a disease of the mind ( any physical disease which affect the mental functioning );

3. The defect of reason must be such that the defendant did not know what he was doing or, if he did know, he did not know the act was wrong.

None- insane automatism 

None- insane automatism  is a Full defence and is available for any and all crimes.   

For a sucsessful defence of none- insane automatism the defence must prove the following:

1. There exists an involuntary actions arising from an external sour or reflex action;

2. The action was completely involuntary;

3. The automatism was not self induced.

Intoxication

Intoxication looks at if a defendant has the ability to form the required Mens Rea after consuming or taking:

• Alcohol;

• Drugs;

• Solvents. 

There is a 3 step process that needs to be considered for the defenc eof intoxication:

1. Was the defendant intoxicated as per the R v Kingston [1994] Standard?

In the case of R v Kingston it was held that drunken intent is still intent and for the defence of intoxication no mens reas at all must be present 

2. Was the intoxication involuntary, or voluntary? 

3. Is the offence one of basic or specific intent? 

Involuntary intoxication

Involuntary Intoxication is a full defence to all crimes

Involutory intoxication occurs when a person if given a drug without their knowledge (Spiking) or when they have taken a drug however they have an unexpected reaction to that drug.  The case of R V Kingston[1994]  sets out that for a defence of voluntary intoxication the defence must show that the defendant lacked any mens rea for the offence due to tier intoxicated state. 

Voluntary intoxication

Voluntary intoxication is only ever a defence for crimes of specific intent.  

Voluntary intoxication occurs when an individual takes drink, drugs or solvents through their own free will, it doesn't not matter if the effect of the drink, drugs or solvents were stronger than expected (R V Allen [1988]).