Defenses for the Accused. Chapter 10

Transcription

1 Defenses for the Accused Chapter 10

2 Denial A defense is the denial of committing the act or giving justification of what otherwise would be considered a criminal act. The most common defense for an accused person is denial. If a person denies they committed the act they are claiming there is no actus reus on their part.

3 Mental States The mental state of the accused at the time the alleged offense took place has an impact on whether the accused can be held criminally responsible for the offence. The court also has to see if the accused is mentally fit to understand the proceedings.

4 Intoxication Intoxication is the condition of being overpowered by alcohol or drugs to the point of losing self-control. Intoxication may be a defense against cases involving specific intent but not general intent. The defense cannot be used in general intent offences that interfere with the bodily integrity of an other person.

5 Justifications In some situations the accused is exonerated from committing an apparently criminal act because the circumstances justified his or her conduct. These situations include: Self-Defence Necessity Duress or Compulsion

6 Self-Defence The Criminal Code states that a person may use force to defend against an unprovoked assault where there is no intent to kill or to cause serious bodily harm to the attacker. A person can only use the amount of force necessary to defend against the attack, known as reasonable force. What is considered reasonable force depends on the circumstances of each situation.

7 Battered Woman Syndrome In 1990 in the case of R. v. Lavallee was the first instance of the recognition of Battered Woman Syndrome. The case, which eventually went before the Supreme Court of Canada established a precedent for this justification of self-defence. The Supreme Court stated that cases involving battered woman syndrome, the jury should be instructed on the following elements: Why an abused woman might remain in an abusive relationship The nature and extent of the violence that may exist in a battering relationship The defendant s ability to perceive danger from her abuser.

8 Defence of a Dwelling The Criminal Code allows for a person to defend their dwelling from unlawful entry and remove a trespasser if he or she has entered. The force used to defend one's dwelling must be reasonable under the circumstances and if the trespasser resists the owners attempts to protect the dwelling they are considered to have committed assault.

9 Necessity The defence of necessity means the accused had no reasonable alternative to committing an illegal act. In order for the defence of necessity to be successful three conditions must be met: The accused must show that the act was done to avoid greater harm. There was no reasonable opportunity for an alternative course of action that did not involve a breach of law. The harm inflicted must be less than harm avoided.

10 Compulsion or Duress The Criminal Code of Canada allows for a person to be excused from committing a criminal act if that person was forced by threats of death or bodily harm. This defence is known as Duress or Compulsion. Two provisions must be present at the time of the act: The threatener must be physically present when the offence is committed. The threat must be immediate or at the point of being carried out.

11 Provocation Provocation is any act or insult that causes a reasonable person to lose self-control. This defence only applies to the crime of murder and once proved a conviction of murder can be reduced to manslaughter. In order for this to succeed the defence must prove all four elements: A wrongful act or insult occurred. This act or insult was sufficient to deprive an ordinary person of the power of self-control. The person responded suddenly. The person responded before there was time to cool off.

12 Mistake of Law and Fact In Canada ignorance of the law is no excuse for committing a criminal act but there is an exception under Mistake of Law: Officially Induced Error. In the case where the accused relied on poor legal judgment from an official that is responsible for enforcing a particular law they can claim this defense. In a case where a person makes an honest mistake about a situation that leads to a criminal act they can claim mistake of fact as a defence.

13 Double Jeopardy A person cannot be tried on the same charge twice. This principle is known as double jeopardy. However if the Crown thinks the court has made a mistake they can appeal the decision and have the person retried.

14 Alibi A defendant who claims to have an alibi is simply stating they were not present at the time the offence was committed. Evidence by witnesses supporting the defendant s claim strengthens the alibi defense. The burden of proof is on the Crown to prove the defendant was present at the scene of the crime when the offence was committed.

15 Entrapment Entrapment is the illegal action of the police encouraging a person to commit a criminal act. In a case where the defendant claims entrapment the burden of proof is on the defense.