Defences to Criminal Charges (Specific Defence (Double Jeopardy:the crown…
Defences to Criminal Charges
Alibi Defence: Lack of Mens Rea and Actus Reus. Accused was not there.
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
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.