Defences to Criminal Charges Flashcards
what are the two types of defences
complete and partial defence
complete: one that excuses/ justifies the defendant’s actions, resulting either in charges being dropped or if the defence is present during a trial, an acquittal (a judgement that a person is not guilty of the crime of which they have been charged)
partial: those that might result in a reduction in the charge or punishment
what are the four defences within complete defences
mental illness/ insanity: where the accused can prove that they were in fact mentally incapacitated when they committed the offence. This relates to the mens rea of the accused, and shows that the accused is not criminally responsible for their actions because they could not have formed necessary intent.
self-defence or necessity: accused admits to committing the act. The defendant acted in defence of self, another or property. Mens rea and actus reus are admitted (all or nothing defence)
duress: accused must be able to prove that they committed the crime against their own free will due to threats concerning themselves or others.
consent: defence most often used in sexual assault cases, if it can be shown that the alleged victim consented to the act, the accused may be acquitted. In order for consent to be established, both parties must have a conscious and voluntary agreement.
Consent is unsubstantial if given from a child, or people under the influence of drugs or alcohol
what are defences shown in partial defences to murder
The accused may claim that there were mitigating circumstances that caused them to carry out the act, this may help reduce sentence or even result in an acquittal
provocation: accused claims their actions were a direct result of the other person’s actions, which caused them to lose control and commit the offence in question
substantial impairment of responsibility/ diminished responsibility: Defendants must prove that they suffer from a mental abnormality that caused them to act in a certain manner/ commit a crime. Abnormalities include low IQ or mental retardation.
