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:
“Squeeze human nature into the straitjacket of criminal justice and crime will appear.”
—Karl Kraus (1874–1936)
“Escalus. What do you think of the trade, Pompey? Is it a lawful trade?
Pompey. If the law would allow it, sir.
Escalus. But the law will not allow it, Pompey; nor it shall not be allowed in Vienna.
Pompey. Does your worship mean to geld and spay all the youth of the city?
Escalus. No, Pompey.
Pompey. Truly, sir, in my poor opinion they will to’t then. If your worship will take order for the drabs and the knaves, you need not to fear the bawds.”
—William Shakespeare (1564–1616)