Defences For The Accused

1. Defences For The Accused CLU M3 – Criminal Law PowerPoint Lesson

2. MENTAL DISORDER MENTAL STATES INTOXICATION AUTOMATISM

3. Mental Disorder (Insanity Plea)

4. Mental Disorder • “A disease of the mind” • Accused suffers from mental disorder at time of offence and cannot be held criminally responsible • Unable to form mensrea • Must fulfill one of the following: • Mental disorder left accused incapable of appreciating the nature and quality of the act • EX: Unable to understand that stabbing someone repeated will lead to death • Mental disorder left accused incapable of knowing the act was wrong • Believing by killing your neighbour, you saved the world • Number 23 (Movie Reference)

5. 3 Outcomes • If not criminally responsible, Judge may “make an order”….3 choices • Absolute Discharge • Only if not a threat to society • Conditional Discharge • Term in a Psychiatric Hospital • Usually mental disorder plea only used in most severe cases, as the period of confinement could be longer than a prison sentence

6. Automatism • A condition in which a person acts without being aware of what he or she is doing • EX: Sleepwalkers…not guided by conscious choice • http://www.youtube.com/watch?v=VpIKX8VIaT8 • Automatism overrides actusreus, the act is involuntary • Insane Automatism: Caused by a mental disorder • Non-Insane Automatism: Caused by external factors

7. INTOXICATION Do you think someone who is drunk should receive a lesser sentences as they might not have a full understanding of their actions??

8. INTOXICATION • The condition of being overpowered by alcohol or drugs to the point of losing self-control • Not a FULL defence as you are still responsible • Defence for Specific Intent but not General Intent • Can you think of an example??? • Accused can obviously still be charged for General Intent • http://www.youtube.com/watch?v=bneviIHiIKs

9. INTOXICATION • Exception: if a person’s intoxication is SOOO extreme that it almost amounts to a mental disorder • Could not even come close to forming intent • R. v. Daviault!! • Supreme Court Amendment – self-induced intoxication an invalid defence to general intent offences that interfere with “bodily integrity of another” • Can The Hangover men be criminally responsible for their kidnapping of the Asian man??

10. BATTERED WOMAN SYNDROME SELF-DEFENCE NECESSITY JUSTIFICATION DEFENCE DEFENCE OF A DWELLING COMPULSION/DURESS PROVOCATION

11. SELF-DEFENCE • Use of reasonable force against an attack • What constitutes ‘reasonable force’??? • Can justify death if: • Caused under reasonable apprehension of death • Belief that cannot otherwise save self from death What is the obvious issue with this defense?? (Think Trayvon Martin)

12. BATTERED WOMAN SYNDROME • R. v. Lavallee – 1st successful B.W.S. defence • Concepts of importance – ongoing violence, terrorized victim, unable to escape, life in danger • S.C.C. instructs juries on the following points: • Why abused women remain in abusive relationship • The nature of the violence in the relationship • Ability to perceive danger • NOT an automatic defence….what does this mean??

13. DEFENCE OF A DWELLING • Dwelling house – any building or other structure that is occupied on a permanent or temporary basis • Only able to use ‘reasonable force’ to remove • If trespasser resists owner, considered committing an assault and owner may use whatever force necessary

14. NECESSITY • Accused had no reasonable alternative • Good example – serious injured person rushed to hospital • Must prove all to succeed: • Act done to avoid greater harm • No opportunity for alternative action that didn’t involve breaking the law • Harm inflicted must be less than harm avoided • Let the scenario questions begin 

15. COMPULSION OR DURESS • Accused is forced by the threat of violence to commit criminal act against their will • Unable to use for violent crimes – murder, sexual assault, robbery, assault with a weapon • Issues w/ defence: • Threatener must be physically present when offence committed • Threat has to be immediate • Do you agree??

16. PROVOCATION • Words or actions insulting enough to cause an ordinary person to lose self-control • Only used in murder defence to negate to manslaughter • Must prove all elements: • A wrongful act or insult occurred • Was sufficient to deprive an ordinary person of the power of self-control • Response was sudden & no time to cool down • Would Mr. Reynolds have been justified if he murdered the golfers???

17. OTHER DEFENCES MISTAKES OF LAW & FACT ALIBI DOUBLE JEOPARDY ENTRAPMENT

18. MISTAKES OF LAW & FACT • MISTAKE OF LAW: Ignorance of the law • Very rare…..why?? • OFFICIALLY INDUCED ERROR – When accused relied on erroneous legal advice • MISTAKE OF FACT: Honest mistake of fact led to breaking of a law

19. ALIBI • Defence that the accused was somewhere else when the offence was committed • Who needs an alibi the most in the comic world???? • http://www.youtube.com/watch?v=9E91G8NriWg

20. DOUBLE JEOPARDY • The legal doctrine that an accused person cannot be tried twice for the same offence after conviction OR acquittal • http://www.youtube.com/watch?v=Dlc3DEmlj9o • Even better!! Watch the movie Fractured

21. ENTRAPMENT • Defence against police conduct that illegally induces the defendant to commit a criminal act • Police are allowed to present a suspect with the opportunity to commit a crime, but they may not harass, bribe, or induce the person to break the law • http://www.youtube.com/watch?v=DfF8OSlGhKk&safe=active

22. If you were a defense attorney, which 3 defenses do you feel would be easiest?? • Which would be hardest?? Mental Disorder, Intoxication, Automatism, Duress, Provocation, Battered Woman, Self-Defense, Necessity, Defense of Dwelling, Entrapment