Ch 10 defences for the accused
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CH. 10 DEFENCES FOR THE ACCUSED. DEFENCES FOR THE ACCUSSED Three Common Strategies of Defence 1. Denial of the Act – No ‘ Actus Reas ’ 2. Justification of the Act – No ‘ Mens Rea ’ 3. Legalities - “ I have rights ”. Mental Disorder / Insanity Must be proven (usually by defence).

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CH. 10 DEFENCES FOR THE ACCUSED

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Ch 10 defences for the accused

CH. 10DEFENCES FOR THE ACCUSED


Ch 10 defences for the accused

DEFENCES FOR THE ACCUSSEDThree Common Strategies of Defence1. Denial of the Act – No ‘Actus Reas’2. Justification of the Act – No ‘Mens Rea’3. Legalities- “I have rights”


Mental states mens rea mentally fit

  • Mental Disorder / Insanity

  • Must be proven (usually by defence).

  • Does not understand the ‘wrong.’

  • Results – Absolute Discharge

    • Conditional Discharge

    • Psychiatric Hospital (often longer

    • than sentence)

2008

Intoxication

-Drunks are generally still responsible.

- Exceptions 1. If so extreme = no intent.

2. Can’t be charged with Specific Intent

but can be charged with General Intent.

(Robbery = Specific – No charge but

the General Intent Assault while

committing – Yes

Cannot purposely get drunk to commit crime

  • Automatism – ‘Unaware’

  • Two types:

  • Non-Insane – Sleepwalking or

  • medication = Not Guilty

  • 2. Insane – Caused by mental

  • disorder.

MENTAL STATESMens Rea – Mentally Fit


Ch 10 defences for the accused

JUSTIFICATIONS1. SELF-DEFENCEA person may use ‘reasonable’ force to protect himself.2.BATTERED WOMAN SYNDROMENot a defence but helps prove state of mind for self defence3. DEFENCE OF A DWELLINGReasonable force to protect one’s home4.NECESSITYThe accused has no reasonable alternativeie. Speeding to hospital5. COMPULSION OR DURESSAccused is forced to break the law against his will.Ie. Steal $ or kill children.6. PROVOCATIONWords or actions insulting enough to make an ordinary person lose control “Yo Mamma”???7. ABORIGINAL TREATY / RIGHTSie. Traditional Hunting & Fishing Rights


Other defences

MISTAKE OF LAW

Ignorance is NOT a defence.

Exception– Officially induced

error. Ie “Police said….”

MISTAKE OF FACT

An honest mistake that led to

breaking the law.

Ex. Took wrong

identical purse.

DOUBLE JEOPARDY

An accused cannot be tried twice

For the same crime.

Ex. – Movie “Double Jeopardy.”

ENTRAPMENT

Police cannot

induce someone

into committing

a crime

OTHER DEFENCES

ALIBI

Accused was

somewhere else

when the crime was committed.


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