Defences Quiz

Question 1

Self defence

Answer 1

Self defence permits you to to use under protection of yourself, your movable property, and your dwelling. You can only use necessarily and reasonable force.

Question 2

What is legal duty

Answer 2

Legal duty allows certain people to commit acts that would otherwise be offences.
Ex. Police speeding while chasing cars
Parents are allowed to use reasonable force

Question 3

What is excusable conduct

Answer 3

Provocation may be used at partial evidence for a charge of murder. Excusable conduct includes duress, which is the threat or use of violence. Honest mistake can also be accepted as a defence under excusable conduct .

Question 4

Mental disorder

Answer 4

Mental disorder has been debated among members of the legal profession for many years.

Question 5

Intoxication

Answer 5

Any intoxicated person who was unable to form intent before striking someone cannot be found guilty of aggravated assault, only assault. It lowers from specific intent to general.

Question 6

Automatism

Answer 6

Automatism is being unconscious, where a person is capable of action but not conscious of what they are doing. Sleepwalking is a example

Question 7

Consent

Answer 7

Consent can be used as a valid defence but only if the party injured by the accused could and did consent to it.

Question 8

Entrapment

Answer 8

Entrapment by police action that encourages or aids a person to commit a offence it is not recognized as defence but rather abuse by the police.

Question 9

Mistake of fact

Answer 9

Ignorance is generally not accepted as defence. Ignorance of the facts however is. Under two conditions
: The mistake was genuine and not a result of the accused neglecting to find out the facts
: the law accepts ignorance of the facts as defence

Question 10

Double jeopardy

Answer 10

Double jeopardy means to be tried twice for the same offence