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Capacity Defences - Coggle Diagram
Capacity Defences
Automatism
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Bailey - Defendant failed to take enough insulin therefore defence not available as they knew the risk
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Insanity
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- Labouring under defect of reason
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- Caused by disease of mind (Internal)
R v Kemp - Man suffered from condition , which caused him to attack and kill wife , it was disease of the mind so insanity
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Intoxication
Voluntary
DPP v Majewski -Defendant voluntary intoxicated , then attacked pub owner , defence not available as voluntarily intoxicated
R v Allen - Consumed homemade wine the sexually assaulted someone , still guilty as drinking was voluntary even though wine was stronger than anticipated
Involuntary
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R v Hardie - Took Valium to calm down but had opposite effect , therefore became involuntary
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Duress
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Objective Test - Would a reasonable , similar person do the same
R v Hassan
Defendent associated with gang member who threatened him, no defence as he voluntarily associated with them
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- Threat of death/serious injury
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- No Invasive action defendant could've taken
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