Defences Flashcards

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1
Q

Automatism

A

No conscious control over his or her body movement

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2
Q

Consent

A

victim consented to the accused’s act

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3
Q

Entrapment

A

Defense if accused was set up or trapped in committing a crime

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4
Q

Intoxication

A

Generally not a defence. However can be used partially if intoxicated to form the necessary inter to knowingly carry out a specific crime

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5
Q

Duress

A
  • occurs at the moment of the crime
  • accused has been compelled to act by threats of immediate bodily harm
  • can’t be used in indictable offences
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6
Q

Insanity

A
  • suffer from impairment at the time of the crime
  • a defense that a defendant can plead in a criminal trial
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7
Q

Necessity

A
  • ordinary person is compelled to break the law in an emergency situation
  • like if person broke into building to save person from fire
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8
Q

Mistake of fact/law

A

Accused believes that their actions are not criminal in the circumstance

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9
Q

Self defence

A

accused must be under reasonable fear of death or bodily harm and accused must believe there was no other way to save himself

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