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Types of Defences (Non-Insane Automism (caused by external factors (more…
Types of Defences
Non-Insane Automism
- caused by external factors (more temporary)
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Necessity (Specific)
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- occurs when a person is forced to act because he/she had no other choice
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- cannot be used if 1) homeless (trespassing)
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Provocation (Specific)
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- says you were so provoked you didn’t know what you were doing
- can only be used if charged with murder
- Results of a Successful Plea of Provocation - murder is reduced to manslaughter
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Alibi Defence (General)
- lack of mens rea and actus reus
- says the accused was not present at the time of the crime
- accused provides evidence (alibi) proving he/she was somewhere else
Entrapment (Specific)
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- involves the police luring, inducing, persuading, harassing, or bribing a person to commit an offence that would would not have otherwise have been committed
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Self Defence (Specific)
- missing neither actus reus nor mens rea. The issue is motive may be raised in cases of assault or homicide causing injury or death to another person
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- property may be defended as long as the force used is reasonably necessary
- cannot use this defence if,
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2) provoke the attack (blows, words, or gestures)
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Battered Woman Syndrome – 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
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Intoxication (Specific)
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- review - specific intent – planned and deliberate
- general intent – spur of the moment
- intoxication may only be used as a defence for crimes requiring specific intent
eg – murder, aggravated assault, break & enter with intent
- cannot use this defence if you become intoxicated for “courage”
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eg – murder to manslaughter, aggravated assault to assault
DURESS/COMPULSION
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- forced to commit a crime because of threats of immediate death or serious injury to yourself or a member of your family
- threat must be immediate and present
- cannot use this defence if you are the principle offender in a violent act
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