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Defences (Specific Defenses (Self Defense (Battered Woman Syndrome (occurs…

- - - - Results of a Successful Plea of Mental Disorder –
      - 1) Set Free (if not a threat to society)
      - 2) Sent to a mental institution until either,
      - a) fit to return to society
      - b) completes maximum time if given jail sentence for crime
  - - - specific intent – planned and deliberate
      - general intent – spur of the moment
    - - Crime will be lowered to one requiring general intent
      - eg – murder to manslaughter, aggravated assault to assault
  - - - murder is reduced to manslaughter
  - - - eg – had to drive with suspended licence because father had heart attack
        and no way to get help
    - - homeless (trespassing)
      - hunger (steal food)
      - human jettison (sacrifice one life to save another)
    - - set free
  - - - set free
  - - - 2) Kienapple Principle - a person cannot be tried for more than one offence arising from the same cause or a person cannot be charged with more than one offence if they are basically the same (Ex: theft and robbery) Results of a Successful Plea of Kienapple Principle – some charges will be dropped
      - 3) Res Judicata – “There has been an issue and that issue has been decided” - this means evidence from one trial cannot be used at another if the evidence is basically the
        same. (Ex: Case of Gill: accused of killing his wife & son, found not guilty of killing his wife, put on trial for son’s death, since evidence was basically the same, it was not allowed)
      - 1) a) Autrefois Acquit – previously acquitted of the crime
        b) Autrefois Convict – previously convicted of the crime
        Results of a Successful Plea of autrefois acquit/convict – set free
      - Results of a Successful Plea of Res Judicata – evidence disallowed
  - - - 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 (Ex: Cadwallader – 14 yr-old who shot father 5 times)
    - - 1) Overreact
      - 2) provoke the attack (blows, words, or gestures)
      - 3) could have avoided using force (could have walked away)
    - - occurs when a 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
  - - - Insane Automatism
        
        caused by internal factors (more permanent)
        
        1) hardening of the arteries
        
        2) tumours
        
        3) brain damage (from various diseases)
        
        Results of Successful Insane Automatism Defence - same as mental disorder
      - Non-Insane Automatism
        
        caused by external factors (more temporary)
        
        1) sleepwalking
        
        3) pneumonia
        
        2) stroke
        
        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