Criminak dEfences Flashcards
(20 cards)
What must the crown prove in a criminal case?
The crown must prove beyond a reasonable doubt that the accused had the actus reus and mens rea to commit a crime.
What is the basic legal right of the accused in response to the crown’s case?
The accused has a basic legal right to prevent a defence.
What are the three main arguments an accused may use in their defence?
- Deny committing the act; disputing the actus reus
- Argue they lacked the intent; disputing the mens rea
- Attempt to justify why they committed the act
Define alibi defence.
Arguing that the accused was not at the scene of the crime when it took place and therefore could not have committed the crime.
What components must an alibi include?
- Statement by the accused claiming they were not present at the crime scene
- An explanation of where they were
- Names of any witnesses who can confirm the alibi
What makes an alibi strong?
All three components must exist for an alibi to be considered strong.
What are the weaknesses of an alibi?
- Weak without witnesses to verify claims
- Missing one or more of the three basic components raises doubts about credibility
Define automatism.
An involuntary action by a person who cannot control his or her actions and who is in a state of impaired consciousness.
What are the two types of automatism?
- Insane automatism
- Non-insane automatism
What factors can influence automatistic behavior?
- Sleepwalking
- Consumption of drugs and alcohol
- Disease of the mind
What is insane automatism?
Linked to a disease of the mind; if proven, the accused may be declared not criminally responsible.
What does not criminally responsible (NCR) mean?
The NCR defence may be raised by either the crown or defence, and whoever raises it must prove it in court.
What is assessed in a fitness hearing?
- Does the accused understand the nature of the proceedings?
- Does the accused understand the possible consequences of a trial?
- Is the accused able to communicate with his or her lawyer?
What happens if an accused is deemed unfit to stand trial?
He or she may be sent back to prison or a psychiatric facility until deemed fit for trial.
What happens if an accused is declared NCR for a crime?
A provincial review board decides on the sentence; if no longer a threat, the accused may be discharged.
What is non-insane automatism?
Often referred to as temporary insanity; the accused argues they committed a crime while in a temporary state of impaired consciousness.
What can cause non-insane automatism?
- Physical blow
- Sleepwalking
- Consuming drugs
- Stroke
- Severe psychological trauma
- Other physical ailments
Define intoxication as a defence.
The accused demonstrates they did not have a guilty mind at the time of the crime due to intoxication.
How may intoxication be used in legal defence?
It may be used as a partial defence and can lower a conviction or reduce a criminal sentence.
What is the Carter defence?
More formally known as evidence to the contrary, this defence aims to dispute the evidence put forth by the crown in drinking and driving cases.
