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Criminal Defences

Criminal Defences. Acceptable defences to a charge in Canada. Introduction. Accused person can put forth three possible arguments against their charge: They can deny that they committed the act, dispute actus reus They can argue that they lacked the necessary intent or guilty mind

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Criminal Defences

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  1. Criminal Defences Acceptable defences to a charge in Canada

  2. Introduction • Accused person can put forth three possible arguments against their charge: • They can deny that they committed the act, dispute actus reus • They can argue that they lacked the necessary intent or guilty mind • They can argue that they have a valid excuse for what happened while committing the act

  3. Alibi Defence • The best possible defence is the alibi- the accused is somewhere else when the offence occurred • Generally if this is a defence the accused is expected to testify in court and be cross examined about their whereabouts

  4. Automatism • Not mentioned in the criminal code but has developed through precedent and case law • Automatic functioning without conscious effort or control- non-insane and insane • Insane is connected to a disease of the mind and non-insane is connected to external factors, such as sleepwalking or health ailments

  5. Intoxication • The accused must show that they did not have the required intent (mens rea) at the time the offence was committed • Any bodily harm caused will not allow for an intoxication defence, however it could lessen the charge (from murder to manslaughter)

  6. Battered Woman Syndrome • Psychological condition caused by severe domestic abuse/violence • Previously only self defence was allowed but this can only be used in an immediate danger situation

  7. Self Defence • The legal use of reasonable force in order to defend oneself • Sometimes people can be in situations where they have no choice- when the accused is in the right • The defence must not be more than what is necessary to defend at the time

  8. Necessity • Defence for a criminal act committed due to immediate and urgent circumstances • Forced to act due to certain danger, therefore no mens rea • Example?

  9. Duress • Accused commits a crime in response to some sort of external pressure • Brought on by the threat of harm by some other person, forcing the accused to act against his or her will

  10. Entrapment- Double Jeopardy • Police action that induces a person to commit an offence • Tried twice for the same offence (charges based on the same offences)

  11. Provocation • Reduces murder charges to Manslaughter • A wrongful act or insult that is so significant in nature that it can deprive an ordinary person of the power of self control- the act must be done in the ‘heat of passion’ after the provocation • Examples?

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