Description

The Criminal Law Reform Act 2019 was a substantial endeavour to update and modernise our Penal Code. This resulted in material changes to many of the General and Special Exceptions (Defences) contained in the Code. This set of three standalone seminars describes and critically evaluates these changes in light of the previous law. The new laws will also be compared with alternative approaches found in comparable legal systems. With the help of inter-active slides and problem-solving questions, the seminars will engage participants and enhance their understanding and application of the new laws. The three seminars are designed as separate and self-contained. The following topics will be covered,
Seminar 1 (Monday, 18 November 2019) –
The General Defences of Mistake, Consent, Private Defence, Duress and Necessity
Specific issues covered by this seminar include the operation of mistake of fact in relation to consent in sexual offences; the categorisation of the elements of private defence into pre-conditions and conditions; and a critique of the Legislature’s decision to leave the law on duress and necessity largely unaltered.
Seminar 2 (Tuesday, 19 November 2019) –
The Mental Incapacity Defences of Unsoundness of Mind, Automatism, Intoxication and Diminished Responsibility
Specific issues covered by this seminar include the effect of recognising volitional incapacities across all the defences studied; the distinction between insane and non-insane automatism; the types of fault elements negated by intoxication; and the role of temporary intoxication in diminished responsibility cases.
Seminar 3 (Wednesday, 20 September 2019) –
The Partial Defences to Murder of Provocation, Exceeding Private Defence and Sudden Fight
Specific issues covered by this seminar include a critique of the objective test in the law of provocation; The recognition of cumulative provocation and its significance for cases involving battered person syndrome; the inter connection between the full and partial defence of private defence; and sudden fights involving public servants such as the police.