Defences

DefencesAlibiAn alibi is proof that the accused could not have

committed the actus reus as they were not near the crime scene.

Some alibis are better than others

Example: Your wife/husband may not be a credible alibi

Mental State DefencesAutomatism

This refers to a condition in which a person acts without being aware of what they are doing. There are 2 types

1. Insane Automatism: a person is not criminally responsible

due to a mental disorder

A mental disorder is defined as a disease of the mind. It is used after it is shown the defendant committed the guilty act but is not criminally responsible due to a mental disorder.

The defence must show one of the following.

The defence must show one of the following.

1. The disorder left the accused incapable of appreciating the nature and quality of their actions.

2. The disorder made them incapable of knowing the act or omission was wrong

2. Non-Insane Automatism: This is caused by an external factor like a concussion, medication or sleepwalking.

Example: Mr. O’Reilly suffers a stroke at school. He becomes violent and assaults 2 students.

Parasomnia or Sexomnia

Parasomnia is an unusual behavior, which includes, talking, walking, eating, driving or sexual behavior during sleep.

http://topnews.co.uk/26126-recent-study-reveals-sexomnia-more-prevalent-previously-thought

http://www.wayodd.com/sexomnia-defense-gets-man-acquittal-on-sexual-assault-charges/v/1426/

If someone is found not criminally responsible they may receive:

1. A term in a psychiatric hospital

2. An absolute discharge

3. A conditional discharge

Intoxication/Drug Impairment

Generally intoxication is not a defence

Self-induced intoxication is not a defence to offences that interfere with “the bodily integrity of another person”

http://www.youtube.com/watch?v=MLHk4G1idD0

Another reason to never drink and drive

http://www.youtube.com/watch?v=ej_2uT7D8yI&feature=related

Mistake of Law

Ignorance of the law is not a defence but a justifiable mistake of law can be.

Example: Your tax attorney gives you incorrect information which causes you to break the law

Mistake of Fact

An honest mistake can be used as a defence.

Example: You walk off with someone else's purse, knapsack or cell phone because it is the exact same as yours.

Double Jeopardy

A person cannot be tried or punished twice for the same offence.

JustificationsSelf-Defence A person may use

force to defend against an unprovoked assault

They may only use the amount of force (reasonable) necessary to defend against the attack

Duress/Compulsion

A defence in which the accused is forced by threats to commit a criminal act against their will

The threatener must be physically present when the offence is committed

The treat has to be immediate Duress is not a defence for violent crimes

such as murder, sexual assault, robbery

Consent

Used when the victim of a crime supposedly gave consent for the criminal act

Example: Hockey player charged with assault

Entrapment

A police action that encourages or aids a person commit an offence

Not really a defence but rather an abuse by police that will have the charge quashed