Parties, Presumptions, Defences- Lecture 3 Flashcards
how does a judge know if someone had the mens rea when all we have is evidence of actus reus
common sense inference of intention
what is it called when a judge make an assumption
judicial notice
what is a judicial notice
judge making an assumption
describe common sense inference of intention
- goes to the mens rea
- judges can take judicial notice that a person intends the consequences of their acts
- can be rebutted by evidence to the contrary that raises reasonable doubt
what does s19 of the CC state
ignorance of law no excuse/ no defence
what are the exceptions to s19
- officially induced error
- mistake of fact/ colour of right
what section of the CC is ignorance of law no excuse/ no defence
s19
what is a party
someone who is criminally responsible for the commission of the offence
can people play different roles in a crime and still be a party
yes
what is stated in s21(1) of the CC
parties to offence
what are the elements of Parties to Offence
- actually commits the offence
- does or omits to do anything for the purpose of aiding any person to commit it
- abets anyone to commit it
what is the punishment for parties to an offence if they are a principal, aider, and abetter
the same punishment
what is laid out in s22 (counselling)
a counsellor is a party
is a counsellor a party
yes
is an accessory after the fact a party
no
is being an accessory after the fact specific or general
specific
what limit must be passed for “attempts”
must go beyond “mere preparation” to commit the offence
common sense inference of intention
how does a judge know if someone had the mens rea when all we have is evidence of actus reus
must the offence be possible under circumstances for it to be an attempt
no
what is outlined under s463- Attempts and Accessories
less time then parties to the offence but still substantial
what is outlined under s464 counselling
same punishment as if they committed offence
are defences analyzed similarly to offences
- no
- no mens rea and actus reus
what is the general rule in using defences
accused does not have to prove his defence, only raise a reasonable doubt
what is the minimum threshold for defences
air of reality
what is air of reality
some evidence to support it
where can defences be found
- common law in s8
- statutory defences throughout CC
