4. Defences and Evidential Burdens
Evaluate self-defence, intoxication, mistake, duress, insanity, automatism and offence-specific defences with the correct proof rules.
How to study the CPQ Advanced stage
Prepare each separately assessed component on its own terms, then connect legal analysis, client judgment, drafting, accounts and research across the route.
Core concepts
Concept 1
General and specific defences have distinct triggers, exclusions and evidential foundations.
Exam cue: Identify whether the facts raise a defence before allocating burdens.
Concept 2
Once sufficiently raised, the prosecution often bears the legal burden, subject to recognised exceptions.
Exam cue: Test every element and statutory or common-law exclusion.
Concept 3
Voluntary and involuntary intoxication affect liability differently and interact with offence classification.
Exam cue: Relate intoxication to the exact mens rea alleged.
Risk pitfalls and guardrails
Treating a bare assertion as sufficient evidence.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Assuming every honest mistake is reasonable or exculpatory.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Using intoxication as a universal defence.
Guardrail: Do not study all optional modules as mandatory, combine unlike assessment structures, exceed professional authority or rely on outdated law, procedure, tax or regulator rules.
Memory anchors
Defence analysis
Trigger, elements, exclusions, evidence, burden and effect.
Self-defence
Honest necessity and reasonable force in perceived circumstances.
Intoxication
Cause, voluntariness, offence fault and actual mens rea.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
D honestly believes V is about to attack and uses force. How is self-defence assessed?
D voluntarily becomes intoxicated and fails to form the mens rea for a specific-intent offence, but facts support a basic-intent alternative. What is the likely approach?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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