R V. Andrews Case Study

Defences in the Case of R v. Andrews
Defences are a denial or justification for criminal behaviour, these are presented by the defence attorneys, in court, to reduce a charge or diminish a charge. In the case of R v. Andrews the accused pleaded guilty and the defence that was used was an alibi. The Defence of an Alibi
An alibi is a defence that is raised by the defence counsel and the accused, that demonstrates that the accused was not present at the crime scene at time that the illegal offence occurred. If an alibi is raised, as a defence then the burden of proof is on the crown and not the accused, to demonstrate that the accused was indeed present at the crime scene, when the crime took place. If the crown can not prove that the …show more content…
For example, in the case of R v. Andrews, if the defence counsel, used the defence of provocation then they could have had the opportunity to reduce the charge of second degree murder to manslaughter, which would reduce the sentencing. When it comes to Ms. Andrews case she was charged with second degree murder, which has a maximum sentence of life in prison, but one is able to apply for parole after spending ten to fifteen years in prison. If the accused is found guilty then the judge will also have to consider the aggravating and mitigating factors of the accused. Aggravating factors are factors that can increase the severity of an individual's sentence and mitigating factors are any circumstances that can decrease the severity of a person's sentence. Ms.Andrews main aggravating factor was that the criminal offence took place in a public school, where the adolescents of Toronto attended school and there was a daycare located only 40 feet away from the center of the crime scene. The main mitigating factor in this case, was the fact that Ms,Andrews did not have a previous criminal