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CH. 10 DEFENCES FOR THE ACCUSED

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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  1. CH. 10DEFENCES FOR THE ACCUSED

  2. 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”

  3. 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

  4. 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

  5. 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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