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Other Defences. Alibi/mistake of fact/ ncr /entrapment/double jeopardy/battered woman syndrome. Alibi. A defence that the accused was in a different place, not at the scene of the crime, when it took place. Alibi - CASE.
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Other Defences Alibi/mistake of fact/ncr/entrapment/double jeopardy/battered woman syndrome
Alibi • A defence that the accused was in a different place, not at the scene of the crime, when it took place
Alibi - CASE • A defence that the accused was in a different place, not at the scene of the crime, when it took place Dream alibi in dead baby case all 'lies'
Mistake of Fact • Accused does not have the necessary mens rea • Must prove: • Honest mistake • No offence if circumstances were as accused believed them to be KEEP IN MIND: • Ignorance of law is not a valid defence. • Ignoring the possibility of finding out the facts is not a valid defence • Claiming not to know that something is illegal is not a defence. • ex. getting a speeding ticket for driving 80km/h in a school zone)
Mistake of Fact CASE • 3 Bluevale business teachers were driving in downtown Toronto • Car made an illegal right hand turn on to a VERY ritzy street • Cop was waiting to catch people who took this short-cut • Teachers pleaded that they were from Waterloo and didn’t realize they couldn’t turn right (“we can turn right anywhere in Waterloo!”) • Cop proceeded to write out a $116 ticket ($85 fine + a victim surcharge)! • Therefore, defence didn’t work!
NCR Mental Disorder • The defence can be used when it can be proven that the accused suffers from a mental disorder that makes them think that whatever offence they committed was legal. • Legally, for the courts to recognize a mental disorder, the accused must not only prove that they are still suffering from a mental disorder but that the condition is so severe that the accused is “unable to appreciate the nature and quality of the act” at the time is as committed • Limitations- the disorder needs to be: • Proven- the law assumes everyone is sane until proven otherwise- the defense needs to show that their client’s mental disorder actually renders him incapable of “appreciating the nature and quality of the act” • Determined by an expert- both sides have psychiatrists that will fight to prove that the defendant would or would not be aware of the mensrea to commit the crime
R. V. KachkarCASE • NCR - Police Officer Snowplow Death
Entrapment • The defence that a legal authority “set-up” or “trapped” the accused to catch them doing something they would not have otherwise done (ex. police coerced, threatened, encouraged or otherwise manipulated the accused)
Entrapment – CASE • R vs. Barnes, [1991] 1 S.C.R. 449 the accused offered drugs to an undercover police. • The entrapment defense failed because the accused was caught in an area frequented by drug dealers that was under investigation. • The accused was found guilty.
Double Jeopardy • Any one person cannot be charged for the same crime after being acquitted once. If they have been freed from the charge once, even if new evidence has been found, they cannot be subject to a retrial. • Amanda Knox - Double Jeopardy Case
Battered Woman Syndrome • The psychological condition caused by constant and/or severe domestic violence (both mental and physical)
Battered Woman Syndrome:Going too far? • In 1911, Angelina (wife of Pietro Napolitano) killed her husband while he slept (axed him to death), after he said he would beat her severely if she didn’t sell her body on the streets that day being 6 months pregnant. • Angelina had severed for many years of physical/mental abuse from husband. In fact, 6 months earlier (from murder of her husband) he disfigured her face and upper body in a multiple-stabbing. • Angelina claimed she was driven to commit the murder due to her husband’s previous actions – at this time judge didn’t buy it – saying injuries incurred 6 months ago weren’t applicable for her action of murder today. Therefore – battered women syndrome did not apply as it was not created at this time.
Battered Woman Syndrome:Going too far? • NOW – 102 years later – in case of Nicole Doucet, Canadians are wondering if law has swung too far the other way • Nicole Doucet – alleged terrorized women. Acquitted on charges of counselling to commit murder of her husband. Caught on tape in 2008 trying to hire an RCMP undercover agent to commit the murder of her husband (described as violent, sexually abusive rage-aholic).
Battered Woman Syndrome:Going too far? • SCC struck down Doucet’s claim for duress, however had compassion for her that local police were negligent and did not help her enough, so she was resorting to her own means to end her suffering. Therefore the battered women defence worked. • Unlike The Napolitano’s (who shared the same bed), Doucet and her husband were 180 km’s part. There were a few calls for domestic violence (threatening to burn house down), however not confirmed instances. • Doucet told police – he never hit her – and refused the protection the RCMP offered her. • Doucet – had a history of violence in her own family growing up. Doucet also had jealously over other woman Ryan (husband) started to date in 2007. None of these facts were presented at trial that acquitted Doucet in 2010 – prosecutors never bothered calling Mr. Ryan.
Battered Woman Syndrome:Going too far? • QUESTION AT HAND - did our country’s highest court create a precedent whereby a woman caught trying to arrange the murder of her estranged and geographically distant husband can be set free on the basis of unproven, and apparently dubious, claims of past domestic abuse. • No – in claims of past abuse in these cases – the burden of proof is reversed. No evidence is collected like other cases, and the abuser has to prove he/she did not commit the crimes alleged against them.
