DEFENCES FOR THE ACCUSED

LAW 12 – Mr. Johnson

“I didn’t do it!”

defence …is a denial of , or a justification for,

criminal behaviour used to convince the Court of the absence

of actus reus and/or mens rea

Mental States

defences

mental disorder

automatismintoxication

Mental States (continued)

mental disorder automatism

…a condition in which a person acts without being aware of what he or she is doing

Mental States (continued)

intoxication …the condition of being overpowered by

alcohol or drugs to the point of losing self-control

Not generally accepted as a defence to a crime – HOWEVER, …may be accepted as a defence to crimes of

specific intent (eg. robbery) …not accepted as a defence to crimes of

general intent (eg. assault) …extreme intoxication has been compared to

‘mental disorder’ and has rarely been accepted as a defence

justifications

self-defence

battered woman

syndrome

defence of a dwelling

necessitycompulsion or duress

provocation

Aboriginal or Treaty Rights

Justifications

Justifications (continued)

self-defence …the use of reasonable force to defend

against an attack taken in context – reasonable force

battered woman syndrome …is a specific justification of self-defence

used by women who are victims of prolonged spousal abuse

defence of a dwelling …reasonable force to defend dwelling from

intruder and remove trespasser

Justifications (continued)

necessity …is a defence stating that the accused had

no reasonable alternative to committing an illegal act accused must show that the act was done to

avoid greater harm no reasonable alternative harm inflicted must be less than harm avoided

compulsion or duress …a defence in which the accused person is

forced by the threat of violence to commit a criminal act against his or her will

Justifications (continued)

provocation …words or actions that are insulting

enough to cause an ordinary person to lose self-control

Aboriginal or Treaty Rights …defence used by Aboriginal peoples when

Criminal Code violations contradict constitutional rights

Other Defences

other defences

mistakes of fact &

law

double jeopardyalibi

entrapment

Other Defences (continued)

mistakes of law & fact mistake of law

…ignorance of the law – legal mistake mistake of fact

…a defence that the accused made an honest mistake that led to the breaking of the law

double jeopardy …the legal doctrine that an accused person

cannot be tried twice for the same offence

Other Defences (continued)

alibi ...a defence raised by the accused claiming

that he or she was somewhere else when the offence was committed

entrapment …a defence against police conduct that

illegally induces the defendant to commit a criminal act

Final Thought