defences to criminal charges
entrapment
lack of means rea
involves the police luring, inducing, persuading, harassing, or bribing a person to commit an offence that would not otherwise have been committed
results of successful entrapment defence - set free or evidence disallowed
mistake of law
in general - "ignorance of the law is no excuse!"
exception officially-induced error - occurs when a person is told by a legal official something is legal and is then charged for it
results of successful mistake of law defence - set free
mistake of fact
self defence
occurs when a person has an honest belief in the existence of circumstances which, if true, would have made an act a legal one
eg. - believe consent has been given in assault
colour of right - occurs when a person takes something they honestly believe they had a right to
results of successful mistake of fact defence - set free
missing neither actus rea
issue is motive
may be raised in cases of assault or homicide causing injury or death to another person
2 important rules
1) amount of force cannot be greater than which is reasonably necessary
2) no set amount of force - depends on if accused believed force was reasonably necessary
-eg. cadwallader - 14 yar old shot father 5 times
property may be defended as long as the force used is reasonably necessary
cannot use this defence if,
overreact
provoke the attack (blows, words, or gestures)
could have avoided using force (could have walked away)
duelling (agreeing to fight) is illegal
battered women syndrome- occurs when woman is abused by her partner to the point where she feels the only way out is to kill him - at one time could not use self defence as the killing did not occur during an attack (may have killed abuser while he was sleeping)
now recognized as a defence eg. loreena bobbit, karla homolka
results of successful self defence defence - set free
automatism
lack of actus reas
results from a factor causing a body to react without conscious effort from the mind eg. - reflex action (driving and get stung by bee)
since the body did not know what the mind was doing, it was not your body that committed the crime
2 types
1) insane automiatism
caused by internal factors (more permanent)
2) non-insane automatism
eg. - hardening of the arteries - tumours -brain damage (from various)
results of successful insane automatism defence - same as mental dissorder
caused by external by factors (more temporary) eg. 1)sleepwalking 2)stroke 3) pneumonia 4)emotional upset (if reaction rare for person) 5)carbon monoxide poisoning 6)physical blow 7)psychological stress (if reaction rare)
results of successful non- insane automatism defence - set free