Law Ch8 - Criminal Defences

the 3 possible arguments to defence

1. Deny the act - disputing actus reus
2. lacked necessary criminal intent/guilty mind - disputing mens rea
3. A valid excuse for what happened while commiting the act

defence

the accused’s response to criminal charges

alibi

a defence that the accused was not at the scene of the crime when it took place

parts to a full alibi defence

1. statement indicating the accused wasn’t present at the time and location of the crime
2. explanation of whereabouts
3. names of any witnesses to the alibi

automatism

involuntary action by someone who is in a state of impaired consciousness, without control over his or her actions; insane automatism is caused by a disease of the mind

not criminally responsible (NCR}

not criminally responsible because of a disease of the mind

fitness test

1. understand the nature of the proceedings? (in court and being tried for having committed an offence?)


2. understand the possible consequences of the proceedings? ( aware that they can be sent to jail or to a psychiatric facility?)
3. can the accused communicate with his or her lawyer?

evidence to the contrary

evidence that disputes the evidence put forth by the crown

battered woman syndrome (BWS)

psychological condition caused by severe domestic violence

self-defence

the legal use of reasonable force in order to defend oneself

necessity

can be used as an excuse for a criminal act committed due to immediate and urgent circumstances - claim that they did not truly act voluntarily.

(ex. speeding to hospital as mother has heart attack

duress

threat or coercion to force someone to do something against his or her will

ignorance of the law & mistaken belief

are not acceptable defences

mistake of fact

a defence that shows a lack of mens rea due to an honest mistake

entrapment

police action that induces a person to commit an offence

* when found, judge should stay (stop) the proceedings rather than order an acquittal.

double jeopardy

being tried twice for the same offence

* *autrefois acquit:* the accused states that he or she has already acquitted of the charge.
* *autrefois convict:* the accused states that he or she has already been convicted on the charge.

provocation

the act of inciting to commit a crime in the heat of passion - the act must occur immediately after the ______ so that there is no cooling-off period.

R.v. Van Rassel

Double Jeopardy

Gamble v USA

Double Jeopardy

R. v. Lavallee (SCC)

Battered Women Syndrome (BWS)

R. v. Naslund

Battered Women Syndrome (BWS)

R. v. Paice

Self Defense

R. v. Khill (SCC)

Self Defense

R. v. Mack (SCC)

Entrapment

R. v. Ahmad

Entrapment

R. v. Keller

Duress

R. v. Ruzic (SCC)

Duress

R. v. Daviault (SCC)

Intoxication - raped disabled woman

R. v. Sullivan (SCC)

Intoxication

R. v. Brown

Intoxication

Rabey v. R

Non Insane Automatism

R. v. Husbands

Non Insane Automatism - Eaton Centre Shooting

R. v. Ludecke

Non Insane Automatism - Sleep walking, sexomnia, rapes woman in his sleep

R. v. Humaid

Provocation

R. v. Caivney

Provocation - about wife

Andy Rose Case

Mr. Big - Entrapment - Couple Killed

Rafay & Burns Case

Mr. Big - Entrapment - Family Killed

Jason Dix Case

Mr. Big - Entrapment - Electrical Centre Double Murder

R.v. Maracle (textbook, 264)

\[Alibi Case\]

* Man kidnaps, sexually assaults causing bodily harm, and carried a gun for the purpose of committing the indictable offence of forcible confinement
* Had an alibi of being at home his mom and siblings supported.
* Man argues judge suggested the jury give less weight to the alibi since it wasn’t disclosed some time after the charges were laid.
* OCA ruled unanimously there were substantial errors in the trial that affected the alibi defence, making it unfair.