case of R v Adomako (1994), where the defendant was held to be negligent as he had "breached a duty of care". Defences Some defences work by showing lack of fault through the involuntary nature of the defendant's conduct. Others, such as insanity and intoxication, work by establishing a lack of mental control or awareness on the part of the defendant. Still others, such as Duress and self–defence, operate by establishing that the defendant's conduct was justified or should be excused. Finally the partial defences to murder, such as loss of self-control (previously provocation), diminished responsibility and suicide pact demonstrate a lesser degree of fault, resulting in conviction for the lesser offence of manslaughter. Intoxication The use of intoxication as a defence is based on whether the offence is one of basic intent or specific intent, and also whether the intoxication was voluntary or involuntary. For example, getting voluntarily intoxicated and committing actual bodily harm (a crime of basic intent) will result in the defence of intoxication failing, as getting voluntarily intoxicated is viewed as reckless by the courts, which is sufficient for basic intent offences. Specific intent crimes demand proof of intention, and if the defendant did not form that mens rea, he cannot be guilty of the specific intent offence. However, often there is a basic intent offence as a fall-back in such cases, e.g. if the defendant is charged with grievous bodily harm or wounding under s18 Offences against the Person Act 1861 but did not form the specific intent, he can be charged under s20 of that act, which has the same actus reus, but requires only intention or recklessness as to 'some harm' (making it a basic intent offence). However, there are some crimes that do not have this fall-back position (e.g. theft). Consent The defence of consent is often only available to smaller offences, such as Common Assault and, possibly, Actual bodily harm (S.47). The Attorney General's Reference [No. 6 of 1980] set s47 as a watershed, above which consent is unlikely to function as a defence as it is not reasonable to foresee that a person would consent to having serious harm done to them. However, cases are decided on an individual basis, and case law shows that a victim may effectively consent to even grievous bodily harm (e.g. in sport, in the case of Barnes [2004]). Sentencing Both the type of sentence