B. General Principles Flashcards
What is required for D to be held criminally liable for crimes?*
Intention
- D’s conscious objective is to cause/engage in such result/conduct
Knowledge
- D is aware that conduct is of nature described by offence/circumstance described by offence exists
Recklessness
- D is aware of + consciously disregards substantial unjustifiable risk of result will occur
Negligence
- D fails to perceive substantial unjustifiable risk that result will occur
When may D be relieved of criminal liability due to Mistake?*
- Factual mistake negates culpable mental state required
- Mistaken belief is based on official statement of law
- Law/Judge allows mistake
- Acting under law enforcement orders
- Law officially interpreted as unlawful
When may Mental Disease/Defect be affirmative defence?*
1) At time of conduct
2) D lacked ‘substantial capacity to know/appreciate’ either;
- Nature + Consequences of conduct
- Conduct was wrong
When may influence of Extreme Emotional Disturbance be affirmative defence?*
1) 1st/2nd degree murder (NOT manslaughter)
2) Reasonable explanation/excuse
3) ONLY reduces murder to manslaughter (NOT acquittal)
What is required for Extreme Emotional Disturbance?*
1) Subjective evidence (‘extreme’ emotional disturbance)
2) Objective evidence (reasonable explanation/excuse)
3) At time of homicide
(Typically by loss of self-control)
May Intoxication be used as defence?*
NO
- ONLY to negate element of crime charged if relevant
- Voluntary intoxication => NOT negate reckless crime
What is the difference between Ordinary and Affirmative Defences?*
Ordinary defence
- PROSECUTION has burden of disproving defence (alibi) beyond reasonable doubt!!!
- Must be raised at trial
Affirmative defence
- D has burden of proving defence by preponderance of evidence
Is Alibi an ordinary or affirmative defence?*
Ordinary defence
When may Justification be a defence?*
Conduct is authorised by law
Conduct is necessary as emergency measure to avoid imminent injury
When may D use physical force against P?*
1) D must reasonably believe it is ‘necessary’ to defend himself/TP
2) D must reasonably believe such force to be P’s imminent use of unlawful physical force
3) D had NO opportunity to retreat
(D may introduce evidence of P’s prior acts of violence which D knew at time of incident ONLY)
UNLESS D provoked P’s conduct with intent to cause him physical injury
UNLESS D was initial aggressor + NOT ‘effectively’ withdrawn from encounter
UNLESS D is in own home
What is required for Renunciation as affirmative defence?*
1) D withdrew from crime BEFORE commission of crime
2) D made substantial effort to prevent crime
NOT attempt to commit crime
What is required for Entrapment as affirmative defence?*
- Active encouragement/inducement (NOT mere opportunity to commit offence)
- Government’s conduct was ‘so egregious and deprivative’ as to constitute violation of due process clause
What is required for Duress as affirmative defence?*
- D acted due to ‘significant’ coercion/threatened use of imminent physical force (which reasonable person would NOT be able to resist)
- D could NOT have placed himself in threatening situation
