B. General Principles

Question 1

What is required for D to be held criminally liable for crimes?*

Answer 1

Intention
- D’s conscious objective is to cause/engage in such result/conduct

Knowledge
- D is aware that conduct is of nature described by offence/circumstance described by offence exists

Recklessness
- D is aware of + consciously disregards substantial unjustifiable risk of result will occur

Negligence
- D fails to perceive substantial unjustifiable risk that result will occur

Question 2

When may D be relieved of criminal liability due to Mistake?*

Answer 2

• Factual mistake negates culpable mental state required
• Mistaken belief is based on official statement of law
• Law/Judge allows mistake
• Acting under law enforcement orders
• Law officially interpreted as unlawful

Question 3

When may Mental Disease/Defect be affirmative defence?*

Answer 3

1) At time of conduct

2) D lacked ‘substantial capacity to know/appreciate’ either;
- Nature + Consequences of conduct
- Conduct was wrong

Question 4

When may influence of Extreme Emotional Disturbance be affirmative defence?*

Answer 4

1) 1st/2nd degree murder (NOT manslaughter)
2) Reasonable explanation/excuse
3) ONLY reduces murder to manslaughter (NOT acquittal)

Question 5

What is required for Extreme Emotional Disturbance?*

Answer 5

1) Subjective evidence (‘extreme’ emotional disturbance)
2) Objective evidence (reasonable explanation/excuse)
3) At time of homicide

(Typically by loss of self-control)

Question 6

May Intoxication be used as defence?*

Answer 6

NO

• ONLY to negate element of crime charged if relevant
• Voluntary intoxication => NOT negate reckless crime

Question 7

What is the difference between Ordinary and Affirmative Defences?*

Answer 7

Ordinary defence

• PROSECUTION has burden of disproving defence (alibi) beyond reasonable doubt!!!
• Must be raised at trial

Affirmative defence
- D has burden of proving defence by preponderance of evidence

Question 8

Is Alibi an ordinary or affirmative defence?*

Answer 8

Ordinary defence

Question 9

When may Justification be a defence?*

Answer 9

Conduct is authorised by law

Conduct is necessary as emergency measure to avoid imminent injury

Question 10

When may D use physical force against P?*

Answer 10

1) D must reasonably believe it is ‘necessary’ to defend himself/TP
2) D must reasonably believe such force to be P’s imminent use of unlawful physical force
3) D had NO opportunity to retreat

(D may introduce evidence of P’s prior acts of violence which D knew at time of incident ONLY)

UNLESS D provoked P’s conduct with intent to cause him physical injury

UNLESS D was initial aggressor + NOT ‘effectively’ withdrawn from encounter

UNLESS D is in own home

Question 11

What is required for Renunciation as affirmative defence?*

Answer 11

1) D withdrew from crime BEFORE commission of crime
2) D made substantial effort to prevent crime

NOT attempt to commit crime

Question 12

What is required for Entrapment as affirmative defence?*

Answer 12

• Active encouragement/inducement (NOT mere opportunity to commit offence)
• Government’s conduct was ‘so egregious and deprivative’ as to constitute violation of due process clause

Question 13

What is required for Duress as affirmative defence?*

Answer 13

• D acted due to ‘significant’ coercion/threatened use of imminent physical force (which reasonable person would NOT be able to resist)
• D could NOT have placed himself in threatening situation