failure of proof defences

What are the two types of defences ?

• special

• General

What is the general idea of failure of proof defences?

• the prosecution failed to prove an element of the offence beyond reasonable doubt

• General defence

What are the four main general defences?

• intoxication

• Insanity

• Automatism

• Age of responsibility

What are the two types of intoxication?

• voluntary

• Involuntary

Explain voluntary intoxication

• defendant chooses to talk alcohol or drugs

• Self induced

• Only a potential defence to specific crimes

• E.g murder and theft

• They may avoid liability for the offence

Is voluntary intoxication a defence for basic intent crimes like assault and manslaughter, and why ?

• no because becoming intoxicated is considered reckless

• Basic intent crimes only require recklessness

• No need for prosecution to prove foreseeability

Explain involuntary intoxication

• the defendant did not knowingly or willingly become intoxicated

• E.g drink getting spiked

When can involuntary intoxication be used as a defence?

• both specific and basic intent crimes

• If the defendant lacked the required men’s Rea

What is the defence of insanity and automatism?

• where the defendant argued they should not be criminally liable

• Because they lacked proper control or understanding of their actions

Explain the defence of insanity Test

• M’Naghten rules: the defendant must show

• A defect of reason

• Caused by a disease of the mind

• Meaning they either: did not know the nature of the act or did not know that the act was wrong

Explain automatism

• when the defendant acted completely involuntarily

• The actions were automatic

• E.g muscle spasm

What are the two types of automatism?

• Insane: caused by an internal factor such as epilepsy / this is treated as insanity

• Non insane: caused by an external factor such as spiked medication/ this can lead to full acquittal

Explain the defence and consequence for non insane and insane automatism

Non insane: complete acquittal ( found not guilty, fully released)

Insane: special verdict (not guilty by insanity, detention possible)

Explain age of criminal responsibility

• children under the age of 10 cannot be found guilty of an offence

• Under the Young persons act 1933

• Because of doli incapax : incapable of the crime