English Criminal Law/Defences

Defences

Mistake

Intoxication

Voluntary Intoxication is generally not a defence to the commission of crime.

Involuntary Intoxication, on the other hand, is an affirmative defense on which a defendant bears the burden of proof. The defendant's burden of proof typically by a preponderance of the evidence, less than the prosecutions burden to prove him guilty beyond a reasonable doubt.

Infancy and mental disorder defences

Duress

Duress must be to ones property, family or ones self.

Self-defence and necessity

Notes