Chap8

Question 1

What is an accused person’s formal response to a criminal charge?

Answer 1

Plea: They can plead guilty, not guilty, or no contest.

Question 2

What are the different types of automatism?

Answer 2

Non-insane automatism and insane automatism.

Question 3

How can intoxication be used as a defence?

Answer 3

They must prove he or she did not have the requisite intent at the time of the offense.

Question 4

Is Battered Woman Syndrome a valid defence in Canada?

Answer 4

Yes, it is.

Question 5

Under what circumstances can force be acceptable in self-defence?

Answer 5

If you’re being attacked or threatened.

Question 6

What is ‘mistake of fact’?

Answer 6

A valid defence that prevents the accused from having the necessary mens rea (intent) required by law.

Question 7

What is provocation?

Answer 7

Any act or insult that is so significant that it can operate as provocation and take away self-control.

Question 8

What is double jeopardy?

Answer 8

The accused cannot be tried twice for the same offense.

Question 9

What does a strong alibi include?

Answer 9

It must have three statements: the accused was not present, an explanation of their whereabouts, and witness corroboration.

Question 10

What will the verdict be if a person is found to have a mental disorder at the time of the offence?

Answer 10

Not criminally responsible.

Question 11

Define automatism.

Answer 11

Involuntary action by someone who is in a state of impaired consciousness.

Question 12

Define self-defence.

Answer 12

The legal use of reasonable force to defend oneself.

Question 13

What defence demonstrates a lack of mens rea because of an honest error?

Answer 13

Mistake of fact.

Question 14

Define provocation.

Answer 14

The act of inciting to commit a crime in the heat of passion.

Question 15

How is ignorance of the law not a valid legal defence?

Answer 15

They can’t say they didn’t know the law since it’s publicly accessible.

Question 16

How is provocation used as a defence?

Answer 16

It can be used to change a charge of murder to manslaughter.

Question 17

Define alibi.

Answer 17

A defence that the accused was not at the scene of the crime when it took place.

Question 18

Under what circumstance would a trial be stopped?

Answer 18

If the person is unfit for trial.

Question 19

What is it called if the evidence presented disputes the Crown’s evidence?

Answer 19

Contradictory evidence.

Question 20

What was the decision of the Supreme Court of Canada regarding Battered Woman Syndrome?

Answer 20

It’s now a legal defence.

Question 21

When can self-defence be used as a defence?

Answer 21

It can be used when the accused is defending themselves.

Question 22

If an intoxicated person cannot form specific intent, what other type of offence could they be charged with committing?

Answer 22

They can be found guilty of assault, a general intent offence.

Question 23

What defence can be used if the person was conscious but did not act voluntarily?

Answer 23

Non-insane automatism.

Question 24

Define duress.

Answer 24

Threat or coercion to force someone to do something against their will.

Question 25

What is the term used when double jeopardy leads to an acquittal?

Answer 25

Autrefois acquit.

Question 26

What is the defence of duress?

Answer 26

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.

Question 27

What are the three categories of spousal abuse?

Answer 27

Emotional, financial, and physical.

Question 28

Define necessity.

Answer 28

Used as an excuse for a criminal act committed due to immediate circumstances.

Question 29

Define ‘not criminally responsible’.

Answer 29

Not criminally responsible because of a disease of the mind.

Question 30

Define ‘ignorance of the law’.

Answer 30

The lack of knowledge of the law that does not excuse a person from breaking it.

Question 31

Define entrapment.

Answer 31

Police action that induces a person to commit an offence.

Question 32

Define non-insane automatism.

Answer 32

When someone is in a state of impaired consciousness but not in control of their actions.

Question 33

If an alibi doesn’t have all three criteria established, how is it considered?

Answer 33

The alibi is incomplete.

Question 34

Identify the three parts of an alibi.

Answer 34

Statement that the accused was not present, explanation of whereabouts, and any witnesses.

Question 35

What is the difference between insane and non-insane automatism?

Answer 35

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.