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).
-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
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.