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EnglandLegal StudiesQuick questions
Criminal Law (Components 2 and 3)
Quick questions on General defences - Eduqas A-Level Law Component 2
4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is intoxication?Show answer
Intoxication affects the mens rea. Voluntary intoxication (drink or drugs taken knowingly) is a defence only to crimes of specific intent (murder, s18, theft) where it prevented the defendant forming the mens rea (DPP v Majewski); it then reduces the offence to any available basic-intent alternative (murder to manslaughter, s18 to s20). It is no defence to basic-intent crimes (assault, battery, s47, s20), because getting drunk is itself reckless. Involuntary intoxication (a spiked drink, or prescribed medication) is a defence if it prevented the mens rea, but not if the defendant still formed the mens rea (a drunken intent is still an intent, Kingston).
What is duress?Show answer
Duress by threats is a complete defence where a crime is committed under a threat of death or serious injury. The Graham/Howe two-limb test asks: (1) did the defendant reasonably believe they faced death or serious injury; and (2) would a sober person of reasonable firmness, sharing the defendant's characteristics, have acted the same way? Duress of circumstances applies the same test where the pressure comes from the situation (R v Martin). Duress is never a defence to murder, attempted murder or treason (Howe; Gotts), needs a threat that is effectively immediate with no safe escape (R v Hasan), and is unavailable where the defendant voluntarily joined violent criminals foreseeing coercion (Hasan).
What is q1?Show answer
Explain the defence of voluntary intoxication. [10 marks]
What is q2?Show answer
Aaron, mistakenly but genuinely believing he is about to be attacked, punches a stranger and breaks his nose. Advise on whether Aaron can rely on self-defence. [20 marks]
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