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(specific defenses (SELF DEFENCE (2 important rules
1) Amount of force…
specific defenses
SELF DEFENCE
- 2 important rules
1) Amount of force cannot be greater than that which is “Reasonably Necessary”
2) No set amount of force – depends on if accused believed force was reasonably necessary
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- missing neither actus reus nor mens rea
- issue is motive
- may be raised in cases of assault or homicide causing injury or death to another person
cannot use this defence if,
1) overreact
2) provoke the attack (blows, words, or gestures)
3) could have avoided using force (could have walked away)
duelling (agreeing to fight) is illegal
Battered Woman Syndrome – occurs when a woman is abused by her partner to the point where she feels theonly 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
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ENTRAPMENT
involves the police luring, inducing, persuading, harassing, or bribing a person to commit an offence that would not otherwise have been committed
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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
MISTAKE OF FACT
- occurs when a person has an honest belief in the existence of circumstances which, if true, would have made an act a legal one
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AUTOMATISM
2 Types
2
Non-Insane Automatism
- caused by external factors (more temporary)
eg 1) sleepwalking
2) stroke
3) pneumonia
4) emotional upset (if reaction rare for person)
5) CO poisoning
6) physical blow
7) psychological stress (if reaction rare)
Results of Successful Non-Insane Automatism Defence – set free
1
Insane Automatism
- caused by internal factors (more permanent)
eg
1) hardening of the arteries
2) tumours
3) brain damage (from various diseases)
Results of Successful Insane Automatism Defence - same as mental disorder
lack of actus reus
- 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