chapter 8: criminal defences Flashcards
beyond reasonable doubt
the accused had the actus reus and mens rea to commit a crime.
alibi
arguing that the accused was not at the scene of the crime when it took place and therefore could not have committed the crime
automatism
an involuntary action by a person who cannot control their actions and who is in a state of impaired consciousness
NCR
an accused person suffered from a mental disorder and as a result was incapable of knowing that what they were doing was wrong
insane automatism
disease of the mind
non-insane automatism
a person committed a crime while in a temporary state of impaired consciousness.
intoxication
the accused demonstrates that they did not have a guilty mind at the time of the crime because they were intoxicated
the carter defence
dispute the evidence put forth by the Crown in drinking and driving cases.
self defence
the legal use of reasonable force in order to defend yourself and your property
battered women syndrome
a psychological condition caused by severe and usually prolonged domestic violence
necessity
accused persons claim they were forced to commit a criminal act because they were in danger themselves.
duress
when someone is threatened to do something against his or her will
mistake of fact
this defence shows a lack of mens rea due to an honest mistake
entrapment
police action induces a person to commit a crime
double jeopardy
being tried twice for the same offence,which is generally not allowed in Canada
