What is the doctrine of unclean hands and laches?
What is the doctrine of unclean hands and laches?
An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability or bad faith) related to the subject matter of that party’s claim.
What is the difference between a defense and an affirmative defense?
A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime.
Can being drunk be a defense?
Unlike involuntary intoxication, voluntary intoxication is never a defense to a general intent crime. However, voluntary intoxication may be used as a defense to specific intent crimes if, as with involuntary intoxication, it prevents the defendant from forming the criminal intent necessary to commit the crime.
What are the four Excuse defenses?
Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.
What Defences Will the defendant raise?
Some of these are listed below:
- Automatism.
- Claim of Right.
- Consent.
- Duress.
- Honest and Reasonable Mistake of Fact.
- Intoxication.
- Mental Illness.
- Necessity.
Is necessity a complete Defence?
There is no legislative provision in NSW specifically excluding necessity as a defence to murder. However, the defence has never been accepted in a murder case in Australia, and it is generally considered that it could not be established as a defence to murder; see R v Howe [1987] AC 417.
Is mental illness a complete Defence?
Under the Mental Health (Forensic Provisions) Act 1990, mental illness as a defence in indictable proceedings is provided for under Pt 4 and also under s 22. It may also be in issue where automatism is raised.
Is insanity a complete Defence?
The defence of insanity is a general defence which is available to all crimes. Where a defendant is found to be insane, the jury are directed to give a special verdict of ‘not guilty by reason of insanity’ under s. 2 of the Trial of Lunatics Act 1883. This previously meant automatic admittance to secure accommodation.
Is insanity a psychological term?
Insanity. Insanity is a concept discussed in court to help distinguish guilt from innocence. It’s informed by mental health professionals, but the term today is primarily legal, not psychological. There’s no “insane” diagnosis listed in the DSM.
