Transcript Defences - Clarington Central Secondary School

Defences
Defences
Alibi
An 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 Defences
Automatism
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.
2.
The disorder left the accused incapable
of appreciating the nature and quality of
their actions.
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://www.wayodd.com/sexomnia-defense-gets-man-acquittal-on-sexual-assault-charges/v/1426/
http://topnews.co.uk/26126-recent-study-reveals-sexomnia-more-prevalent-previously-thought
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.
Justifications
Self-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