General defences

D is judged on the facts as he honestly believed them to be, even if he was mistaken- self defence

Gladstone Williams

There is no duty to retreat. You don't have to show you tried to run away before fighting back.- self defence

R v Bird

A defendant can strike a pre-emptive strike if they honestly believe an attack is imminent.

Beckford

A mistaken belief in the need for self-defence caused by voluntary intoxication is ignored by the court.

R v Taj

If the force used is excessive (too much), the defence fails entirely (Murder stays Murder).

R v Clegg

Established the two-stage test- duress

Graham test

1. Did D reasonably believe they were threatened?

2. Would a sober person of reasonable firmness have acted the same way?

The threat must be of death or serious injury

Valderrama-Vega

Threats to reveal secrets or financial loss aren't enough.

When looking at the "reasonable person," the jury can consider age, sex, and physical health, but not low IQ.

R v Bowen

There must be a nexus (link). The threat must be "Do this crime."

R v Cole

Cole was told to get money, but not specifically to rob a bank.

self induced duress

R v Hassan

If you voluntarily join a criminal gang, you cannot claim duress if they later threaten you.

Duress is not a defence to Murder

R v Howe

The "Rule": Voluntary intoxication is a defence to Specific Intent crimes (Murder/GBH s.18) but NOT Basic Intent crimes (Assault/Battery/ABH).

DDP v Majewski

D took LSD, thought he was fighting a snake, and killed his girlfriend. Voluntary intoxication meant no MR for murder, but he was convicted of Manslaughter (Basic Intent).

R v Lipman

"A drunken intent is still an intent." If D is drunk but still forms the MR, the defence fails.

R v Sheehan & Moore

Involuntary Intoxication: If D takes a drug that normally calms people (like Valium) but has an unpredictable reaction, they may have a defence for any crime.

R v Hardie

Involuntary intoxication (spiked drink) is no defence if the prosecution proves D still formed the Mens Rea despite being drugged.

Kingston