Criminal Defences Overview

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24 Terms

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Actus Reus

The guilty act or physical element of a crime that the Crown must prove beyond a reasonable doubt.

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Mens Rea

The guilty mind or mental element of a crime that the Crown must prove beyond a reasonable doubt.

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Defence

The basic legal right of the accused to present arguments against the Crown's case in a criminal trial.

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Deny committing the act

A defence strategy where the accused disputes that they committed the physical act (actus reus) of the crime.

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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.

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Justify why they committed the act

A defence strategy where the accused attempts to provide a valid reason or excuse for their actions.

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Alibi

A defence where the accused argues that they were not present at the crime scene when the crime took place.

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Automatism

An involuntary action by a person who cannot control their actions and is in a state of impaired consciousness.

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Insane Automatism

Automatism linked to a disease of the mind, where the accused is incapable of knowing that their actions were wrong.

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Not Criminally Responsible (NCR)

A defence where the accused, due to a mental disorder, is declared not criminally responsible for their actions.

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Fitness Hearing

A hearing to determine if the accused understands the nature of the proceedings and is able to communicate with their lawyers.

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Non-Insane Automatism

Automatism that occurs when the accused commits a crime while in a temporary state of impaired consciousness.

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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.

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Carter Defence

Disputing Crown's evidence in drinking and driving cases.

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Breathalyzer Test

Device to measure blood-alcohol content for intoxication.

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Self-Defence

Legal use of reasonable force to protect oneself or property.

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Battered Woman Syndrome

Psychological condition from prolonged domestic violence.

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R. v. Lavallee

Landmark case establishing BWS defence in Canada.

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Necessity Defence

Claiming forced criminal act due to imminent risk.

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Duress

Being coerced to commit a crime under threat.

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Mistake of Fact

Defence showing lack of intent due to honest mistake.

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Entrapment

Police inducing a person to commit a crime.

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Double Jeopardy

Being tried twice for the same offence, prohibited in Canada.

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Provocation

Losing self-control due to provocation, justifying actions.