Criminal defences

Question 1

Alibi

Answer 1

Proof that the accused could not have committed the offence.

Must prove that the accused was elsewhere at the time of the offence

Question 2

Self defence

Answer 2

The criminal Code allows us to defend ourselves, and those under the protection of ourselves, but with only necessary and reasonable force

Question 3

Legal Duty

Answer 3

Allows you to commit an action that would constitute(cause/ is an offence) an offence

Question 4

Provocation

Answer 4

May be used as a partial defense for a murder charge, and consists of blows, words or gestures
The criminal act must immediately follow the provocation

the provocation must be an unlawful act
The overall person who gets provoked, should only act if it deprives all self control

Question 5

necessity

Answer 5

May be used only in urgent situations

Question 6

Duress

Answer 6

may be used if one commits an offence under the threat of immediate death or bodily harm from a person who is present at the time of the offence

Question 7

Honest mistake/mistake of the fact

Answer 7

• used for acceptable defense

Question 8

Mental Fitness to Stand Trial

Answer 8

accused may be remanded for up to 5 days of evaluation
can only be used to determine if accused is fit to stand trial
court ordered treatment usually follows
purpose of treatment is to make the accused fit to stand trial

Question 9

Mental Fitness at the time of the Offence

Answer 9

requires a presumption of sanity
needs to be proven through a balance of probabilities
Crown cannot introduce evidence of mental disorder until after it has proven actus reus and mens rea

Question 10

Not criminally responsible

Answer 10

Mental disorders, illness

Question 11

Intoxication

Answer 11

may result in not being able to form the “specific intent” of a crime
may be used to reduce “levels” of crime…eg. Assault etc..

Question 12

Automatism (Insane and Non-Insane)

Answer 12

act of unconscious voluntary behaviour
includes sleepwalking, convulsions, psychological stress or behaviour while concussed due to severe blow to head
may also be due to a disease of the mind (non-insane automatism)

Question 13

The “Carter” Defence

Answer 13

the “two-beer” defence
it recognizes that machines (breathalyzers and police officers who operate them, sometimes make mistakes)
case of R. v. Carter (1985)

Question 14

Battered Woman Syndrome

Answer 14

the psychological condition caused by severe domestic violence
R. v. Lavallee (1990)

Question 15

Consent

Answer 15

valid if the injured party consented to the action being administered…(sexual assault, assault, play fighting etc)

Question 16

Entrapment

Answer 16

is the police action of encouraging or aiding a person to commit an offence
not recognized as a valid defence (more an abuse of process)
judge would most likely “Stay the Proceedings”
prostitution and “buy and bust” drug operations

Question 17

Mistake of Fact

Answer 17

ignorance of the law is not an acceptable defence
ignorance of facts is acceptable if:
there was a genuine mistake that did not result from negligence
there is no provision in the law that ignorance of fact is not a defence
often used when passing counterfeit money or in possession of stolen property