Week 6 Flashcards
Reverse onus
Accused must show they are not a threat to society
What basis can the court deny bail?
- Ensure attendance in court
- Protection of the public
- Maintain public confidence in the justice system
What conditions can people be released from prison
Curfew
Passport
Home
Or recognizance (money refunded upon appearing in court)
Surety
Person who provides bail money for another
Bail hearing
Process where the judge or justice of the peace will decide if the accused will be released or remain detained while awaiting trial
3 Grounds for detention
- Primary ground: confirm accused will attend court
- Secondary ground: public protection
- Tertiary ground: maintain public’s confidence in justice system
Latter principle
- Determines the appropriate form of release. Bottom of the ladder being the least restrictive and the top being the most. (House arrest at the top, most restrictive form)
Surety
A type of release common in Ontario that allows accused to be released if someone can pay for their bail/supervise them on their release
Bail
People awaiting trial on condition they return to court to face charges
To be convicted you must be
1.
2.
3.
1.conduct
2.circumstances
3.consequences
Example of assault:
1. Application of direct or indirect force (conduct)
2. Without consent of the victim(circumstances)
3. Resulting in some degree of harm(consequences)
Subjective men’s rea
About intentions…
1. Intention(it will cause harm)
2. Knowledge( you know will cause harm)
3. Recklessness (ignoring possibility of harm)
4. Willful blindness (not thinking about harm)
Objective men’s rea
When you know you are doing a bad thing
Automatism
Not guilty by virtue of impaired consciousness
In a trial when pleading not guilty with automatism what are the four trial defences
- “Normal” condition: sleep walking, hypnosis
- External blow: violence to head that leads to psychological change
- Involuntary intoxication: slipped a drug
- Self induced intoxication: so heavy one can not formulate men’s rea
NCRMD
Not criminally responsible on account of mental disorder
Mi
