Chapter 14 Self-test questions

What is the legal test for the defence of insanity?

D must have been suffering from an abnormality of mental functioning; which arose from a recognised medical condition; which provided an explanation for the killing; and impaired their ability to do one of three things:
1) Understand the nature of their conduct;
2) Form a rational judgement;
3) Exercise self control.

1) D had a loss of self control; and
2) This was caused by a qualifying trigger; and
3) A reasonable person have reacted in this way.

1) D was suffering from a "disease of the mind";
2) This must have caused a "defect of reason"; and
3) This must have meant that D either did not know the nature and qualify of their act, or D did not know that it was wrong.

D must have been suffering from a medical condition, which:
1) Made them feel seriously and unusually unwell;
2) Made them behave differently to how they usually did;
3) Provided an explanation for the crime.

Which of the following is the leading case on insanity?

M'Naghten (1843) 10 Cl & Fin 200

Bratty [1963] AC 386

Clinton [2012] EWCA Crim 2

Golds [2016] UKSC 61

Where multiple defences are raised, one of which is insanity, the insanity defence should take precedence.
True or false?

True

False

When the defence of insanity is raised, the burden of proof is on the defence.
True or false?

True

False

The defence of insanity can only lead to an indefinite hospital order.
True or false?

True

False

What is the definition of duress by threats?

Where D reacted to an imminent threat, and the force they used was not disproportionate.

D reasonably believed that they or another (for whom they were responsible) were threatened, by another, with death or serious injury, unless D committed the offence; and
Committing a crime, as D did, must be something that a reasonable person would have done in such circumstances.

Where D reacted to an imminent threat, and the force they used was not grossly disproportionate.

D acted reasonably, and in a proportionate way, in order to prevent a greater harm befalling themselves or another; and
Committing a crime, as D did, was something which D subjectively perceived to be necessary in the circumstances.

Duress by threats can apply to all offences.
True or false?

True

False

When duress by threats is raised, the prosecution have the full burden of proof with regards to the defence.
True or false?

True

False

If D voluntarily associates with criminals, they can still rely on duress.
True or false?

True

False

Duress can be based on a mistaken belief, if reasonable.
True or false?

True

False

What is the definition of duress of (or by) circumstances?

Where D reacted to an imminent threat, posed by their immediate circumstances, and the force they used was not disproportionate.

D reasonably believed that they or another (for whom they were responsible) were threatened, by another, with death or serious injury, unless D committed the offence; and
Committing a crime, as D did, must be something that a reasonable person would have done in such circumstances.

Where D reacted to an imminent threat, posed by their immediate circumstances, and the force they used was not grossly disproportionate.

D reasonably believed that the circumstances posed a risk of with death or serious injury to D or another unless D committed the offence (like duress by threats); and
Committing a crime, as D did, must be something that a reasonable person would have done in such circumstances (in that D's will was overborne despite reasonable steadfastness).

Which of the following cases gave rise to duress of circumstances?

Willer (1986) 83 Cr App R 225

Conway [1989] QB 290

Martin [1989] 1 All ER 652

Quayle [2005] EWCA Crim 1415

Duress of (or by) circumstances can apply to all offences.
True or false?

True

False

For duress of (or by) circumstances to apply, the threat must have arisen due from another person
True or false?

True

False

The law is not yet categorically certain on whether, if D voluntarily associates with criminals, they can still rely on duress of (or by) circumstances.
True or false?

True

False

What is self-defence?

Where D's force was objectively there and then required in order to protect people or property, and that the amount of force used was objectively reasonable in the circumstances.

Where D lacks voluntariness because of an external factor.

Where D subjectively believed that force was immediately required in order to protect themselves, others, or property, and that the amount of force used was reasonable on the facts as D believed them to be.

Where D withdraws from an escalating criminal situation.

Self-defence is also known as "public and private defence."
True or false?

True

False

D can still rely on self-defence, even if retreat was possible.
True or false?

True

False

There is a difference between what is considered to be "reasonable force," for the purposes of self-defence, in householder cases and non-householder cases.
True or false?

True

False

When relying on self-defence, D can rely on an honest but unreasonable mistake – unless this was due to voluntary intoxication.
True or false?

True

False

The definition of the defence of necessity is not absolutely clear.
True or false?

True

False

What is the definition of the defence of necessity?

Where D has committed an offence by necessity, as a last resort, but no other defence is available.

Where D subjectively believed that force was immediately required in order to protect themselves, others, or property, and that the amount of force used was reasonable on the facts as D believed them to be.

Where D has committed an offence without a choice, as a last resort, and a number of other defences are available.

Where D reasonably believed that the circumstances posed a risk of with death or serious injury to D or another unless D committed the offence (like duress by threats); and
Committing a crime, as D did, must be something that a reasonable person would have done in such circumstances (in that D's will was overborne despite reasonable steadfastness).

Necessity is, in general, no defence to murder.
True or false?

True

False

Which of the following cases clarified the requirements of necessity?

Woollin [1999] 1 AC 62

Dudley v Stephens (1884) 14 QBD 273

Donovan [1934] 2 KB 498

Re A (Children) [2000] 4 All ER 961

What are the broad requirements for the defence of necessity?

D was suffering from a "disease of the mind";
This must have caused a "defect of reason"; and
This must have meant that D either did not know the nature and qualify of their act, or D did not know that it was wrong

Where D subjectively believed that action was immediately required in order to protect themselves, others, or property, and that the action was reasonable on the facts as D believed them to be.

D reasonably believed that the circumstances posed a risk of with death or serious injury to D or another unless D committed the offence (like duress by threats); and
Committing a crime, as D did, must be something that a reasonable person would have done in such circumstances (in that D's will was overborne despite reasonable steadfastness).

That the act is needed to avoid inevitable and irreparable evil; No more should be done than is reasonably necessary for the purpose to be achieved; The evil inflicted must not be disproportionate to the evil avoided.

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