Parties, Presumptions, Defences- Lecture 3

Question 1

how does a judge know if someone had the mens rea when all we have is evidence of actus reus

Answer 1

common sense inference of intention

Question 2

what is it called when a judge make an assumption

Answer 2

judicial notice

Question 3

what is a judicial notice

Answer 3

judge making an assumption

Question 4

describe common sense inference of intention

Answer 4

• 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

Question 5

what does s19 of the CC state

Answer 5

ignorance of law no excuse/ no defence

Question 6

what are the exceptions to s19

Answer 6

• officially induced error
• mistake of fact/ colour of right

Question 7

what section of the CC is ignorance of law no excuse/ no defence

Answer 7

s19

Question 8

what is a party

Answer 8

someone who is criminally responsible for the commission of the offence

Question 9

can people play different roles in a crime and still be a party

Answer 9

yes

Question 10

what is stated in s21(1) of the CC

Answer 10

parties to offence

Question 11

what are the elements of Parties to Offence

Answer 11

• 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

Question 12

what is the punishment for parties to an offence if they are a principal, aider, and abetter

Answer 12

the same punishment

Question 13

what is laid out in s22 (counselling)

Answer 13

a counsellor is a party

Question 14

is a counsellor a party

Answer 14

yes

Question 15

is an accessory after the fact a party

Answer 15

no

Question 16

is being an accessory after the fact specific or general

Answer 16

specific

Question 17

what limit must be passed for “attempts”

Answer 17

must go beyond “mere preparation” to commit the offence

Question 18

common sense inference of intention

Answer 18

how does a judge know if someone had the mens rea when all we have is evidence of actus reus

Question 19

must the offence be possible under circumstances for it to be an attempt

Answer 19

no

Question 20

what is outlined under s463- Attempts and Accessories

Answer 20

less time then parties to the offence but still substantial

Question 21

what is outlined under s464 counselling

Answer 21

same punishment as if they committed offence

Question 22

are defences analyzed similarly to offences

Answer 22

• no
• no mens rea and actus reus

Question 23

what is the general rule in using defences

Answer 23

accused does not have to prove his defence, only raise a reasonable doubt

Question 24

what is the minimum threshold for defences

Answer 24

air of reality

Question 25

what is air of reality

Answer 25

some evidence to support it

Question 26

where can defences be found

Answer 26

- common law in s8 - statutory defences throughout CC