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 necessity compulsion 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 jeopardy alibientrapment

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