Short Answer Chapter 10

Question 0

A defence involving a mental disorder(must fulfill one of two requirements)

Answer 0

• mental disorder left the accused incapable of appreciating the nature and the quality of the act
• mental disorder left the accused incapable of knowing that the act or omission was wrong

Question 1

2 fundamental approaches to a defence strategy

Answer 1

• eliminate actus Reus (denial)
• eliminate mens Rea (justification)

⭐️accused must produce evidence to support this

Question 2

Unfit to stand on trial for 3 reasons

Answer 2

•unable to understand the nature of the trial proceedings
•unable to understand the consequences of the proceedings
Unable to Instruct counsel

Question 3

Two types of automatism

Answer 3

Non-insane: a form of automatism caused by an external force ex.concussion

Insane:a form of automatism caused by a mental disorder (person will not be found criminally responsible)

Question 4

How the courts address the issue of intoxication as a defence

Answer 4

• must be specific intent only (can’t be a defence if it is general intent)
• if a persons intoxication is so extreme that it almost amounts to a mental disorder (can be used for general intent & is only used in the rarest of cases)

Question 5

“Battered woman syndrome” jury must be instructed on 3 particular elements

Answer 5

• why an abused woman might remain in an abusive relationship
• the nature and extent of the violence that may exist in a battering relationship
• the defendants ability to perceive danger from her abuser

Question 6

“Dwelling house”

Answer 6

Any building or structure that is occupied on a permanent or temporary basis

• a person is allowed to defend his/her dwelling from any unlawful entry
• remove a passenger if he/she has entered (force must be reasonable under the circumstances) is

Question 7

Provocation used as a defence

4 conditions that must be proven to use this defence

Answer 7

•only applies to the crime of murder
(If applied the charge will reduce to manslaughter)

1. A wrongful act or insult occurred
2. This act or insult was sufficient to deprive an ordinary person of the power of self control
3. the person responded suddenly
4. the person responded before there was time for passion to cool