Defences to Charges

1. Defences to Charges I didn’t do it!

2. What is a Defense • A defense is a lawful excuse, explanation or circumstance that can be used by an accused person to argue that he or she is not guilty of an offence. • General Denial – The accused denies committing or having the intent to commit an offence • Specific Defense – A reason or excuse for committing the offence

3. Defenses to Charges • The defense is responsible for introducing defenses • Defendant only needs to raise some evidence of the key points of the defence • Exception- insanity • This can be from the evidence presented by the defence or prosecution • A successful defence can result in the defendant being found not guilty and acquitted

4. Defences Although the defendant may have done the required act there are a number of general defences (Common law) that may be available which will lead to a “not guilty” verdict • Automatism • Mistake of Law or Fact • Insanity • Intoxication • Compulsion/Duress • self defence • Alibi • necessity Can be guilty of general Intent, not specific intent • Not a defense to murder! • Or sexual assault!

5. Other Defences • Provocation Any act or insult that causes a reasonable persons to lose self control • Entrapment This refers to police conduct that aids or encourages the accused to commit a crime • Double Jeopardy Being tried twice for the same offence