Defences Flashcards
1
Q
Automatism
A
No conscious control over his or her body movement
2
Q
Consent
A
victim consented to the accused’s act
3
Q
Entrapment
A
Defense if accused was set up or trapped in committing a crime
4
Q
Intoxication
A
Generally not a defence. However can be used partially if intoxicated to form the necessary inter to knowingly carry out a specific crime
5
Q
Duress
A
- occurs at the moment of the crime
- accused has been compelled to act by threats of immediate bodily harm
- can’t be used in indictable offences
6
Q
Insanity
A
- suffer from impairment at the time of the crime
- a defense that a defendant can plead in a criminal trial
7
Q
Necessity
A
- ordinary person is compelled to break the law in an emergency situation
- like if person broke into building to save person from fire
8
Q
Mistake of fact/law
A
Accused believes that their actions are not criminal in the circumstance
9
Q
Self defence
A
accused must be under reasonable fear of death or bodily harm and accused must believe there was no other way to save himself
