By Alan Reed, Michael Bohlander
The legislation in relation to normal defences is likely one of the most crucial components within the felony legislation, but the present nation of the legislations within the uk unearths major difficulties within the adoption of a constant method of their doctrinal and theoretical underpinnings, as exemplified by means of a couple of contemporary advancements in laws and case legislations. A coherent and joined-up procedure remains to be lacking. This quantity presents an research of the most contentious parts in British legislation, and proposes methods ahead for reform.The assortment contains contributions from top specialists throughout numerous jurisdictions. half I examines the legislations within the uk, with expert contributions on Irish and Scottish legislations. half II comprises contributions by means of authors from a few overseas jurisdictions, all written to a typical study grid for max comparison, which offer a much wider heritage of the way different felony structures deal with difficulties in terms of common defences within the context of the legal legislations, and which could function issues of reference for household legislation reform.
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Additional info for General Defences in Criminal Law: Domestic and Comparative Perspectives
Example text
In the final section the judicial approach to developing defence doctrine will be examined and the suggestion will be made that defence doctrine could be developed and extended on a more liberal basis. 32 The most common form of strict liability is exemplified by the myriad of statutory offences regulating vast swathes of economic, transportation, municipal, social, and other public activities. There is a tendency to downplay this vast body of law as a form of regulatory, quasi-administrative law, not the real criminal law,33 yet many of these offences carry sentences of imprisonment despite the fact that in their typical form proof of any culpability is unnecessary.
Avoiding Criminal Liability and Excessive Punishment for Persons Who Lack Culpability 31 It is submitted that absolute liability has no place in criminal law. 46 If useful benefits might arise in certain circumstances through the imposition of absolute liability, those benefits should be sought through civil and administrative processes. Strict Liability and the Availability of Common Law Defences The term defences is used loosely to cover denials of mens rea as when it is said that voluntary intoxication is a ‘defence’ to crimes of specific intent.
The default position for all criminal offences, strict or otherwise, is that liability entails punishment unless there is a strong reason 46 See references in Sullivan (n 39). 47 [1997] 1 WLR 1406. 48 Martin (1989) 1 All ER 652. 49 As was sometimes the case when a manslaughter verdict on the grounds of the old version of diminished responsibility was agreed between the defence and the prosecution on the expectation that the judge would not impose any sentence of imprisonment. Whether the current version of diminished responsibility will prove amenable to this practice may be doubted.