Defences to Criminal Charges

General Defence

Alibi Defence: Lack of Mens Rea and Actus Reus. Accused was not there.

Specific Defence

Mental Disorder: Lack of Mens Rea. Dont know the difference between right or wrong

Intoxication: Lack of mens rea. Specific intent Crime will be lowerd to General Intent

Provocation: Partial lack of mens rea Can only be used for murder. Murder is reduced to manslaughter

Nessecity: Lack of mens rea cannot use if you steal food, tresspassing, stealfood, or for human jettisson

Duress/Compulsion: lack of mens rea threat must be immidiate and present. Set free

Double Jeopardy:the crown cannot make repeated attempts to convict a person. Autrefois Acquit
Autrefois convict
set free

Klienapple Principle: A person cannot be tried for more than one offence arising from the same cause or matter

Res Judicita: An issue has been decided. Set free

Entrapment:Lack of mens rea you will be set free if succesful.

Mistake of Law: ignorance of law is no excuse. If succesful you set free.

Mistake of fact: occurs when a person has an honest belief in the existence if circumstances which, if true would have made an act a legal one. ex. believe that consent was given in assault. set free if succeslful

Self Defence: Missing neither actus reus nor mens rea. issue is motive. force cannot be greater than necessary force. force must be used responsibly.

Battered Women syndrome: now recognized as a defence. used to be seen as murder because the killing did not occur during an attac but whilst the man was sleeping.

If succesful for self defense or battered women syndrome you will be set free

Automatism: Reflex action eg. Stung by a bee. lack of actus reus

Insane Automatism: Caused by internal factors. hardning of the arteries. Tumours. Brain damage. if succesful its the same as mental disorder

non-insane automatism: caused by external factors. 1. sleep walking 2.stroke. 3. pneumonia 4. emotional upset 5. carbon monoxide 6. physical blow 7. psychological stress. if successful you will be set free.