Common Defences

Question 1

Is an alibi a complete defence?

Answer 1

Yes

Question 2

Why must notice be provided to the Crown if the defence of an alibi will be used?

Answer 2

For police to investigate the alibi
If proven to be true, Crown might wish to withdraw RPC.

Question 3

Is third party suspect evidence a complete defence?

Answer 3

Yes

Question 4

When does third party suspect evidence meet the criteria of being relevant and probative?

Answer 4

Sufficient connection between third party and the crime

Question 5

Is self defence a complete defence?

Answer 5

Yes

Question 6

What must the defence show to succeed in a self-defence defence?

Answer 6

Accused believed on reasonable grounds that force/threat is being used against them or another person
Purpose of act = defending themselves/protecting someone else
Act = reasonable in the circumstances

Question 7

What is sudden provocation?

Answer 7

Victim conducted in criminal manner
Conduct is of a nature to deprive an ordinary person of the power of self control
If the accused acted on it suddenly before time to cool passion

Question 8

When is provocation not allowed?

Answer 8

, no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being

Question 9

Is party liability a complete defence?

Answer 9

Not a defence at all

Question 10

Define parties to offence?

Answer 10

Everyone is a party who:
Commits the offence
Does or omits to do anything for the purpose of aiding any person to commit it
Abets any person in committing it