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).
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”
-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
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 alternative ie. 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
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
An accused cannot be tried twice
For the same crime.
Ex. – Movie “Double Jeopardy.”
a crimeOTHER DEFENCES
when the crime was committed.