ABSTRACT
This chapter is concerned with the defences which may be available to a D charged with one of the offences against the person outlined in Chapters 4 and 6. Some special defences to murder, that is provocation and diminished responsibility, were considered in Chapter 4. These have the effect of reducing the offence of murder to manslaughter. The defences discussed in this chapter provide, if successful, a complete answer to the charge, and entitle the D to an acquittal. They are also ‘general’ in that they will potentially be available in relation to a range of offences against the person. It is for this reason that they are dealt with here in a separate chapter. They are not, however, necessarily available across the board. As we shall see, some defences, such as consent and duress, are not available in relation to the most serious levels of offence. By contrast, intoxication will only operate as an excuse in relation to offences requiring a specific mental element, which generally means the more serious offences.1
