ABSTRACT

As a general principle, a person is only found liable of a criminal offence if they have committed the actus reus of the crime, with the needed mens rea and if they cannot rely upon a defence. This chapter explores general defences which defendants may seek to rely on. It overlaps with all of the previous chapters. For instance, if you are answering a problem question on sexual offences, the facts of the problem may well require you to discuss whether the defendant could rely on one or more of the defences which are explained here.