Criminal Law Defences
The defences which are available to any given offence depend on the wording of the statute and rules of the common law. There are general defences. Insanity, automatism, mistake and self defence operate as defences to any offence. Inadvertence due to intoxication is a defence to all offences requiring proof of basic intent if the intoxication is involuntary, and in cases where the risk would not have been obvious to a reasonable and sober person and/or the defendant, if it is voluntary, and to offences that require proof of a specific intent. Duress and necessity operate as a defence to all crimes except murder, attempted murder and some forms of treason. Marital coercion is a defence to all crimes except treason and murder.
Read more about this topic: English Criminal Law
Famous quotes containing the words criminal and/or law:
“Think of admitting the details of a single case of the criminal court into our thoughts, to stalk profanely through their very sanctum sanctorum for an hour, ay, for many hours! to make a very barroom of the mind’s inmost apartment, as if for so long the dust of the street had occupied us,—the very street itself, with all its travel, its bustle, and filth, had passed through our thoughts’ shrine! Would it not be an intellectual and moral suicide?”
—Henry David Thoreau (1817–1862)
“Courts of law, and all the paraphernalia and folly of law ... cannot be found in a rational state of society.”
—Robert Owen (1771–1858)