Defences

Front 1

What are the three main arguments than an accused may use is a defence? (3)

Back 1

1. Deny committing the act; disputing the actus reus.
2. Argue they lacked the intent; disputing the mens rea.
3. Attempt to justify why they committed the act.

Front 2

What must the Crown prove in a criminal case? (1)

Back 2

1. Must prove beyond a reasonable doubt that the accused had the actus reus and mens rea to commit a crime.

Front 3

What is the actus reus? (2)

Back 3

1. The guilty action.
2. The physical act involved in committing an offence.

Front 4

What is the means rea? (2)

Back 4

1. The guilty mind.
2. The accused had intent to commit and offence and knowledge that what they did was against the law.

Front 5

What is the alibi defence? (1)

Back 5

1. Arguing that the accused was not at the scene of the crime when it took place and therefore could not have committed it.

Front 6

What are the three components to a complete alibi defence? (3)

Back 6

1. A statement by the accused claiming they were not present at the scene of the crime when the crime was committed.
2. An explanation of where they were.
3. Names of any witnesses who can confirm the alibi.

Front 7

What are the strengths of an alibi? (2)

Back 7

1. In order for a strong alibi, all three components must exist.
2. If a reliable alibi can be presented, this is the strongest defence an accused person can use.

Front 8

What are the weaknesses of an alibi? (2)

Back 8

1. If one or more of the components are missing, it becomes easier to raise doubts about the alibi's credibility.
2. Alibis are weak when there are no witnesses to verify the claims made by the accused.

Front 9

What is the automatism defence? (2)

Back 9

1. An involuntary action by a person who cannot control their actions and who is in a state of impaired consciousness.
2. Automatism can be insane and non insane.

Front 10

What can influence automatistic behaviour? (1)

Back 10

1. Sleepwalking, consumption of drugs and alcohol, a disease of the mind.

Front 11

What is insane automatism? (1)

Back 11

1. A person suffering from a mental disorder and as a result was incapable of knowing that what they were doing was wrong.

Front 12

What does the fitness hearing ask in a not criminally responsible defence? (3)

Back 12

1. Does the accused understand the nature of the proceedings, and does the accused know that they are on trial?
2. Does the accused understand the possible consequences of a trial?
3. Is the accused able to communicate with their lawyers and other court workers?

Front 13

What is non insane automatism? (2)

Back 13

1. Referred to as temporary insanity.
2. The accused committed a crime while in a temporary state of impaired consciousness.

Front 14

What must happen for a not criminally responsible defence to be brought up and tried? (3)

Back 14

1. The defence may be raised by the crown or defence, but whoever raises it must prove it in court.
2. The accused must be deemed as fit to stand trial.
3. A fitness hearing must occur.

Front 15

What is the intoxication defence? (2)

Back 15

1. The accused demonstrates that they did not have a guilty mind at the time of crime because they were intoxicated.
2. Generally an intoxicated person cannot form a specific intent but may be found guilty of a general intent offence and if successful, this defence can lower a conviction or reduce a criminal sentence.

Front 16

What is the self defence defence? (1)

Back 16

1. The legal use of reasonable force in order to defend yourself and your property.

Front 17

What is battered woman syndrome?

Back 17

1. A psychological condition caused by severe and usually prolonged domestic violence.

Front 18

What is the main difference between a self defence case and a battered woman syndrome case? (1)

Back 18

1. In a self defence case the danger is immediate; in a battered woman syndrome case the danger may not be immediate but instead is constant.

Front 19

What is the necessity defence? (2)

Back 19

1. An accused persons claim that they were forced to commit a criminal act because they were in danger.
2. This defence may only be used in situations where there appears to be imminent risk.

Front 20

What is the duress defence? (1)

Back 20

1. When someone is coerced to do something against their will.

Front 21

What is the main difference between the necessity defence and the duress defence? (1)

Back 21

1. The main difference is that with a necessity defence, the accused was forced to because they were in imminent danger; whereas with a duress defence the accused is forced to act as a result of a threat.

Front 22

What is the mistake of fact defence? (3)

Back 22

1. This defence shows a lack of mens rea, lack of a guilty mind.
2. Ignorance of the law, or not knowing a particular offence was illegal, is not a valid defence.
3. Ignorance of the facts, not understanding all of the details of a situation, can be used as a defence.

Front 23

What is the provocation defence? (1)

Back 23

1. A person is provoked to lose their self control and as a result commits a crime.

Front 24

What is an example of a provocation defence? (1)

Back 24

1. A is at the bar with his wife when another man B insults her. A then assaults B in a rage.

Front 25

What is an example of a mistake of fact defence? (1)

Back 25

1. A receives counterfeit money as change. A attempts to use it somewhere else and gets caught. A knows counterfeit money is illegal, but truly did not know that they possessed fake money.

Front 26

What is an example of a duress defence? (1)

Back 26

1. A shoots someone and tells B that he must help him dump the body. When B refuses, A points his gun at him.

Front 27

What is an example of insane automatism? (1)

Back 27

1. A has paranoid schizophrenia and murders someone they wrongly believed was a threat.

Front 28

What is an example of non insane automatism? (1)

Back 28

1. While sleepwalking, A murders his wife B. After waking up he has no recollection of doing so, A was not aware of what he was doing when he murdered B.

Front 29

What is an example of an intoxication defence? (1)

Back 29

1. A severely assaults B, but A did not endanger B's life knowingly with specific intent. A may still be convicted of general intent.

Front 30

What is an example of a self defence defence? (1)

Back 30

1. A is being attacked with a knife by B, so A uses a knife on B.

Front 31

What is an example of battered woman syndrome defence?

Back 31

1. A is in an abusive relationship with B. One night A shoots B in the back of the head after he earlier threatened to kill her.

Front 32

What is an example of a necessity defence? (1)

Back 32

1. A speeds to get his wife B to a hospital. A is pulled over by a police officer for driving. A can argue that he is speeding out of necessity.