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Defence's (Specific Defence (Duress/Compulsion (Lack of Mens Rea,…
Defence's
Specific Defence
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Intoxication
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Only for cases such as Murder, aggravated assault, Breaking and entering with intent
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Double Jeopardy
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a) Autrefois Acquit - previously aquitted of the crime b)Autrefois convict-previously convicted of a crime
Kienapple Principle -A person cannot be tried for more than one offence that is basically the same ie Theft and robbery
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Entrapment
Involves the police luring inducing persuading, harassing or bribing a person to commit a crime that would not have otherwise been comitted
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Mistake of Law
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Exception Officially Induced Error- Occurs when a person is told by a legal official something is legal and is then charged for it
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Mistake of Fact
Occurs when a person has an honest belief in the existence of circumstance which, if true, would have made an act a legal one
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Self Defence
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Amount of force must be only what is reasonably necessary. No set amount of force: dependent if the accused believed it was reasonable
Cannot be used as a defence if a) overeact b)if you provoke the attack c) could have avoided using force (could have left)
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Battered woman syndrome
Occurs when a woman is abused by her partner to the point where she feels the only way out is to kill him
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Automatism
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1) Insane Automatism: Caused by internal factors More permanent factors ie. a) Hardening of the arteries b) Tumors c)Brain damage (from diseases
2)Non-insane Automatism: Caused by external factors more temporary factors. a) Sleep walkers b) Stroke c) pneumonia d) emotional upset( if reaction rare for person) e) Carbon monoxide f)Physical blow g) psychological stress (If reaction rare)
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