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Actus Reus
The guilty act or physical element of a crime that the Crown must prove beyond a reasonable doubt.
Mens Rea
The guilty mind or mental element of a crime that the Crown must prove beyond a reasonable doubt.
Defence
The basic legal right of the accused to present arguments against the Crown's case in a criminal trial.
Deny committing the act
A defence strategy where the accused disputes that they committed the physical act (actus reus) of the crime.
Argue they lacked the intent
A defence strategy where the accused disputes that they had the mental element (mens rea) required to commit the crime.
Justify why they committed the act
A defence strategy where the accused attempts to provide a valid reason or excuse for their actions.
Alibi
A defence where the accused argues that they were not present at the crime scene when the crime took place.
Automatism
An involuntary action by a person who cannot control their actions and is in a state of impaired consciousness.
Insane Automatism
Automatism linked to a disease of the mind, where the accused is incapable of knowing that their actions were wrong.
Not Criminally Responsible (NCR)
A defence where the accused, due to a mental disorder, is declared not criminally responsible for their actions.
Fitness Hearing
A hearing to determine if the accused understands the nature of the proceedings and is able to communicate with their lawyers.
Non-Insane Automatism
Automatism that occurs when the accused commits a crime while in a temporary state of impaired consciousness.
Intoxication
A defence where the accused argues that they did not have a guilty mind at the time of the crime due to being intoxicated.
Carter Defence
Disputing Crown's evidence in drinking and driving cases.
Breathalyzer Test
Device to measure blood-alcohol content for intoxication.
Self-Defence
Legal use of reasonable force to protect oneself or property.
Battered Woman Syndrome
Psychological condition from prolonged domestic violence.
R. v. Lavallee
Landmark case establishing BWS defence in Canada.
Necessity Defence
Claiming forced criminal act due to imminent risk.
Duress
Being coerced to commit a crime under threat.
Mistake of Fact
Defence showing lack of intent due to honest mistake.
Entrapment
Police inducing a person to commit a crime.
Double Jeopardy
Being tried twice for the same offence, prohibited in Canada.
Provocation
Losing self-control due to provocation, justifying actions.