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23 Cards in this Set
- Front
- Back
what substances does intoxication cover |
drugs and alcohol |
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which act showed that if youre intoxicated it cant just be standard drunkess, you need to have lost your ability to form a MR |
Kingston |
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Which case shows intoxication is only a defence to offences with specific intent like murder and not basic intent |
Majewski |
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what case says the defence doesnt apply if you were voluntarily drunk |
Gallaghet |
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what happens if u plead intoxication to a crime of basic intent |
youre admitting to having the MR for that offence |
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which case says the distinction of basic and specific intention offences are decided on a policy basis |
Heard |
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what happens if the intoxication was involuntary and u were spiked or something similar |
its a full defence |
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what case says u cant use the defence of intoxication if you could still form a MR |
Kingston |
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what case says u cant use the defence if you just mistook the strength of the beverage/drug |
Allen |
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what case says u cant use the defence if u knew the intoxicant had weird effects on u and u took it anyway |
Hardie |
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what kind of defence is duress resulting in intoxication |
excusatory defence |
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whatre the 3 kinds of duress for intoxication |
1. threats of another 2. duress of circumstances 3. necessity |
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define duress from the threats of another |
there must be a threat of death or serious injury to the person |
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what case says duress from threat to another if the threat is to D’s property |
Lynch |
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what case says the duress threat to another has to be such that a sober person of reasonable firmness, sharing the characteristics of defendant, would not have resisted it |
Bowen |
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which case says the duress from threat to another must be sufficiently imminent |
Hudson & Taylor |
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what case says D must have a good cause to fear death or serious injury |
Graham |
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what case says voluntarily exposing yourself to the risk of duress can defeat the defence |
Hasan |
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what case says duress isnt available for murder |
Howe |
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define duress of circumstances |
D intentionally did the wrongful act in order to avid risk of injury presented by circumstances |
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what case shows dangerous driving to avoid the risk of serious violence |
Willer |
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describe duress causing necessity |
actions taken to avoid a greater harm |
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what case shows medical practitioners acting in the best interest if the patient |
Re A (Children) (2000) |