Defences and evaluating non-fatal offences

Overview

Recall questions on consent and its exceptions, voluntary and involuntary intoxication and self-defence as defences to non-fatal offences, and on criticisms of the Offences Against the Person Act 1861, the Law Commission's reform proposals and the inconsistency of the defences.

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

   Is consent a valid defence to assault and battery?

   Model answer

   Yes, consent is generally a defence to assault and battery.

2. 2

   Can voluntary intoxication provide a defence to a basic intent non-fatal offence such as battery?

   Model answer

   No, voluntary intoxication provides no defence to basic intent offences.

3. 3

   Under what circumstances can involuntary intoxication operate as a defence to a non-fatal offence?

   Model answer

   Involuntary intoxication can provide a defence if it prevents the defendant from forming the required mens rea for the offence.

4. 4

   Can a defendant lawfully strike first under self-defence, and if so, when?

   Model answer

   Yes, pre-emptive strikes may be permitted if an attack is imminent.

5. 5

   Name four recognised exceptions where consent may be a defence despite harm exceeding battery.

   Model answer

   Recognised exceptions include surgery, tattooing, contact sports, and horseplay.

6. 6

   How does voluntary intoxication affect liability for specific intent non-fatal offences?

   Model answer

   Voluntary intoxication may negate the mens rea required for specific intent offences, potentially providing a defence.

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