Defences and evaluating fatal offences

Overview

Recall questions on how self-defence, intoxication and consent operate against a charge of homicide, and on evaluating whether the law on fatal offences is fair, effective, up to date and balanced between principle and policy.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   How might intoxication operate as a defence to a fatal offence?

   Model answer

   Intoxication may negate the mens rea required for the offence, particularly for specific intent crimes like murder, potentially reducing liability to a basic intent offence such as manslaughter.

2. 2

   What would happen if a householder used grossly disproportionate force against an intruder, resulting in death?

   Model answer

   Self-defence would fail as a complete defence because the force used exceeded what was reasonable in the circumstances, though the householder provisions allow for force that is not grossly disproportionate.

3. 3

   Why is consent generally ineffective as a defence to murder or serious assault causing death?

   Model answer

   Public policy prevents individuals from consenting to their own death or serious harm; the law does not permit consent to acts intended to cause grievous bodily harm or death.

4. 4

   What does it mean to evaluate whether the law on fatal offences is 'fit for purpose'?

   Model answer

   Assessing whether the current law adequately addresses the range of fatal offences, provides appropriate distinctions between different levels of culpability, and achieves its intended aims of protecting life and punishing wrongdoing.

5. 5

   Name three defences that can operate in relation to fatal offences against the person.

   Model answer

   Intoxication, self-defence, and consent.

6. 6

   If a defendant was voluntarily intoxicated when committing a killing, what offence might they still be convicted of and why?

   Model answer

   Manslaughter, because voluntary intoxication is not a defence to basic intent crimes; the defendant is deemed reckless by becoming intoxicated.

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