Criminal Trial Principles, Process, And Defences

Question 1

Criminal Trial Process

The Jury

Answer 1

.for some offences, right to trial by jury

.12 ppl of peers, represents crossection of community, equal sexes, race

.no juror can be a lawyer, law student, law enforcement, Doctor

.need alternates in case of absence

.peremptory challenge vs challenge for cause (the opposite)

Question 2

Criminal Trial Process

Negativing Defences

Answer 2

-Negativing & affirmative defences

NEG

Mistake of fact
-an accused person who is mistaken about the context in which an alleged offence was committed may not possess the men’s rea (guilty mind) required for a conviction.

Mental disorder/ illness

• lack capacity to understand wrong
• NCR Acquittee

Automatism
-to be guilty, the actua reus of an offence must be committed voluntarily (conscious choice of an operating mind)

Intoxication

• general intent offence: intox. Is not a defence, it is proven that is drunk or not the crime committed is intentional
• specific intent offence: something that the person was acussed of that is to complicated to perform when intoxicated , raises doubt

Question 3

Criminal Trial

Affirmative Defences

Answer 3

1. Self Defence
   - reasonable force to defend oneself
   - ex Lavelle case
2. Compulsion
   - person was threatened and forced to commit an offence

Question 4

The 6 Principles

Answer 4

Rule of Law- everyone is equal, nobody above the law

Specific Allegation-ppl know what CC offence they are charged with

Case to Meet-Crown has the burden of proof, cannot be forced to testify

Presumption of innocence- innocent until proven guilty

Open and Public Trial- ppl, media, publications except if there is a gag order

Independent and Impartial Adjudication- judges are independent, not part of gov so it’s unbiased