Chap8 Flashcards
What is an accused person’s formal response to a criminal charge?
Plea: They can plead guilty, not guilty, or no contest.
What are the different types of automatism?
Non-insane automatism and insane automatism.
How can intoxication be used as a defence?
They must prove he or she did not have the requisite intent at the time of the offense.
Is Battered Woman Syndrome a valid defence in Canada?
Yes, it is.
Under what circumstances can force be acceptable in self-defence?
If you’re being attacked or threatened.
What is ‘mistake of fact’?
A valid defence that prevents the accused from having the necessary mens rea (intent) required by law.
What is provocation?
Any act or insult that is so significant that it can operate as provocation and take away self-control.
What is double jeopardy?
The accused cannot be tried twice for the same offense.
What does a strong alibi include?
It must have three statements: the accused was not present, an explanation of their whereabouts, and witness corroboration.
What will the verdict be if a person is found to have a mental disorder at the time of the offence?
Not criminally responsible.
Define automatism.
Involuntary action by someone who is in a state of impaired consciousness.
Define self-defence.
The legal use of reasonable force to defend oneself.
What defence demonstrates a lack of mens rea because of an honest error?
Mistake of fact.
Define provocation.
The act of inciting to commit a crime in the heat of passion.
How is ignorance of the law not a valid legal defence?
They can’t say they didn’t know the law since it’s publicly accessible.
How is provocation used as a defence?
It can be used to change a charge of murder to manslaughter.
Define alibi.
A defence that the accused was not at the scene of the crime when it took place.
Under what circumstance would a trial be stopped?
If the person is unfit for trial.
What is it called if the evidence presented disputes the Crown’s evidence?
Contradictory evidence.
What was the decision of the Supreme Court of Canada regarding Battered Woman Syndrome?
It’s now a legal defence.
When can self-defence be used as a defence?
It can be used when the accused is defending themselves.
If an intoxicated person cannot form specific intent, what other type of offence could they be charged with committing?
They can be found guilty of assault, a general intent offence.
What defence can be used if the person was conscious but did not act voluntarily?
Non-insane automatism.
Define duress.
Threat or coercion to force someone to do something against their will.
What is the term used when double jeopardy leads to an acquittal?
Autrefois acquit.
What is the defence of duress?
That the person was forced to commit the crime by a threat of harm so serious that it would overcome the will of an ordinary person.
What are the three categories of spousal abuse?
Emotional, financial, and physical.
Define necessity.
Used as an excuse for a criminal act committed due to immediate circumstances.
Define ‘not criminally responsible’.
Not criminally responsible because of a disease of the mind.
Define ‘ignorance of the law’.
The lack of knowledge of the law that does not excuse a person from breaking it.
Define entrapment.
Police action that induces a person to commit an offence.
Define non-insane automatism.
When someone is in a state of impaired consciousness but not in control of their actions.
If an alibi doesn’t have all three criteria established, how is it considered?
The alibi is incomplete.
Identify the three parts of an alibi.
Statement that the accused was not present, explanation of whereabouts, and any witnesses.
What is the difference between insane and non-insane automatism?
Insane automatism is when someone is in a state of impaired consciousness due to a mental disease that absolves them from criminal responsibility, while non-insane automatism is due to other factors.
