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Defences (Specific Defence (Duress (Lack of mens rea. Threat must be…
Defences
Specific Defence
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Intoxication
Partial mens rea. may only be used with crimes with specific intent. Outcome will lower to general intent.
Provocation
Partial mens rea. can only be used with murder, reduced to manslaughter.
Mental Disorder
No mens rea. Accused doesn't know the difference between right and wrong. Sane until proven otherwise.
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Entrapment
Lack of mens rea. Police making a person commit an offence that they would not otherwise commit. Will be set free.
Mistake of Law
Occurs when someone is told by an official that something is legal, when it is not. Will be set free.
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General Defence
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Self Defence
Lack of motive. Must've used reasonably necessary force. can be used to defend property. Cannot be used if over reacted, provoked or could've been avoided. Will be set free.
Battered Woman Syndrome
Occurs when a woman is abused by her partner and the only way out is to kill their partner. Will be set free.