Legislation (Defences)

Question 1

21 Children < 10

Answer 1

Children < 10 cannot be convicted of any offence by reason of any act | omission

Question 2

22 Children 10 to 13

Answer 2

Children 10 to 13 cannot be convicted of any offence by reason of any act | omission,

unless they knew their act | omission was wrong | contrary-to-law

Question 3

23 Insanity

Answer 3

1. Everyone is presumed to be sane at the time of act | omission - until the contrary is proved
2. A person cannot be convicted of an offence by reason of act | omission when they’re labouring under natural imbecility or a disease of the mind to such an extent that they’re incapable of:
   - Understanding nature and quality of act | omission
   - Knowing the act | omission was morally wrong - having regard to commonly accepted standards of right and wrong
3. Insanity before | after act | omission may be evidence of the offender being irresponsible at the time of the act | omission

Question 4

24 Compulsion

Answer 4

A person who commits an offence under compulsion by threats of immedidiate death | grievous bodily harm

from a person who is present when the offence is committed

is protected from criminal responsibility if he:

• reasonably believes, at the time, that the threats will be carried out
• is not a party to any association | conspiracy where he is subject to compulsion

Question 5

25 Ignorance of Law

Answer 5

Ignorance of the law is not an excuse for any offence comitted

Question 6

48 Self Defence and Defence of Another

Answer 6

Everyone is justified in using reasonable force to defend self | other

in circumstances that he believed existed

Question 7

22 (CDA 2008)

Notice of Alibi

Answer 7

1. If a defendant intends to provide evidence of an alibi, he must give written notice of the alibi’s particulars to the prosecutor.
2. The notice (1) must be given within 10 working days of the defendant being given notice under s20.
3. • Particulars ::= name and address of alibi
   • [Particulars unknown] defendant must:
     
     • Supply information that might help to find the alibi.
     • Take all reasoanble steps to ascertain alibi’s name and address.
     • [When aware] give written notice, as soon as practicale, of alibi’s particulars | information that might help find the alibi.
   • If the defendant is informed by the prosecutor that the alibi has not been traced, the defendant must give written notice, as soon as practicable, of information that might help find the alibi.