12. Defences

Abstract

This chapter begins with a discussion of the law on defences. It covers private defence and the prevention of crime; necessity; chastisement; consent; duress; coercion; entrapment; superior orders; automatism; insanity; diminished responsibility; loss of control; intoxication; and mistake. The second part of the chapter focuses on the theory of defences, covering the definition of defences; justifications and excuses; character, choice, and capacity; determinism; the rejection of an overarching theory; insanity; private defence; duress; necessity; and issues that fall between the gaps of the defences.