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Criminal Defences

Criminal Defences
Defences are used to prove that the accused is not
guilty of the offence, or guilty of a lesser offence.

The best defence is an alibi.

The alibi must be disclosed to the Crown at the


earliest opportunity. Failure to do this will look like
the alibi is false
Self-Defence
You are allowed to protect yourself, those under your
protection, your movable property, and your dwelling
and real property.

You may only use force that is necessary and


reasonable.
Self-Defence
You may stop a thief from taking your personal
property, or to take it back, as long as you do not
strike the thief or cause bodily harm.

You are justified in using as much force as is


necessary to prevent any person from forcibly
breaking into or forcibly entering the [your]
dwelling-house without lawful authority.
Legal Duty
Some people are allowed to commit acts which would
otherwise be considered offences.

A police officer may drive above the posted speed


limit in order to respond to an emergency.

Also, reasonable force may be used to correct a


child. (Can this be controversial?)
Excusable Conduct
Provocation may be a partial defence for murder.

Duress the threat or use of violence may also be a


defence.

Honest Mistake if the offender truthfully did not


know that they had committed a crime.
This is most common in cases of shoplifting.
Mental Disorder
Mental fitness to Stand Trial

An accused can be held for 60 days to determine if they


are mentally fit to go through the trial process.

A provincial review board makes this decision. And a


psychiatric assessment is required.

If found unfit, the accused will be held in a mental health


facility until they are ready to stand trial.

Their case will be reviewed every two years.


Mental Disorder
Mental Fitness at the Time of the Offence

You are presumed sane, just as you are presumed


innocent.

Therefore, it is the defences responsibility to prove


insanity (reverse onus).

If a person is found not guilty due to mental fitness, the


verdict must state that the accused committed the act or
omission but is not criminally responsible on account of
mental disorder.
Mental Fitness at the Time of
the Offence
If the accused is deemed not be a threat to the public,
they may be released.

However, if they are deemed to be a threat to the


public they can be held in a mental health facility
until they are no longer a threat to society.
Intoxication
This defence can be used to drop a charge of
aggravated assault to assault.

The accused is considered to have been incapable of


specific intent, only general intent.

Also applicable to reduce a murder charge to


manslaughter.
Automatism
unconscious, involuntary behaviour the state of a
person who, though capable of action, is not
conscious of what they are doing.

The person cannot form criminal intent


Consent
If the party who is injured by the accused agreed to
the action.

Used in sexual assault cases.


In assault cases which occurred during the playing of
a sport.

Cannot be used if a firearm is involved, or if it is a


sexual assault case involving someone under the age
of 16.
Entrapment
The police cannot encourage or aid a person to
commit an offence.

This is considered an abuse by the police, and the


judge should stay the proceedings.
Mistake of Fact
This is acceptable under two conditions:

The mistake was genuine and not the result of the


accused neglecting to find out the facts.

The law accept ignorance of the facts as a defence.

If you receive counterfeit money, and do not realize


that it is counterfeit, the defence applies.
Double Jeopardy
To be tried twice for the same offence

This does not mean that if you assault one person,


and are tried, that you can assault the person again
and use this defence.

The defence applies to one specific offence/action.


Cest Fini
Read R. v. Charlebois on pg.
237-236
and question # 1-4.

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