CRIMINAL DEFENCES

SELF DEFENCE

Can use force necessary and reasonable according to the circumstances in order to protect yourself

LEGAL DUTY:

Officer may use as much force as necessary to make an arrest. Allows certain people to commit acts that would otherwise be offences. E.g. police driving over

the speed limit to catch a criminal

EXCUSABLE CONDUCT:

E.g. Duress-threat of using violence

E.g. Honest mistake-may also be accepted as a defence under

MENTAL DISORDER:

Mental fitness to stand trial – trial may be delayed if accused is deemed not fit to stand trial.

If accused is found ‘not guilty’ by reason of insanity, the verdict must state that “the accused committed the act or omission but is not criminally responsible on account of mental disorder”

INTOXICATION:

Person intoxicated may be found guilty of general intent but not of specific intent

E.g. person who was unable to form intent before striking someone cannot be found guilty of aggravated assault but can be found guilty of assault, a general intent offence

AUTOMATISM:

Described as “unconscious, involuntary behaviour-the state of a person who, though capable of action, is not conscious of what they are doing”

E.g. Sleep walking, convulsions, behaviour caused by psychological stress.

CONSENT

Can be used as a valid defence, but only if the party injured by the accused could and did consent to the action.

E.g. football player injuring other player-victim consented by playing the game.

ENTRAPMENT

is a police action that encourages or aids a person to commit an offence

Not recognized as a defence but rather as an abuse by police.

DOUBLE JEOPARDY:

Means to be tried 2 times for the same offence.

Charter- “Any person charged with an offence has the right… if finally acquitted of the offence, not to be tried for it again and if finally found guilty and punished for the offence, not to be tried or punished for it again”.