Part 1
Define defence.
A denial of, or a justification for, criminal behaviour.
Define automatism.
A person acts without being aware of what they are doing.
Which section of the Criminal Code does self-defence fall under?
Section 34.
Define necessity.
No reasonable alternative to committing an illegal act.
Define provocation.
Words or actions that are insulting enough to cause an ordinary person to lose self-control.
What are the three types of defences?
Intoxication, mental disorder, automatism
Define insane automatism.
Caused by a mental disorder.
What is Battered Women Syndrome?
A woman may develop a learned helplessness that causes her to believe she deserves the abuse and that she can't get away from it
Name the elements needed to prove necessity.
1. The accused must show the act was done to avoid a greater harm.
2. There was no opportunity for another course of action.
3. Harm inflicted must be less than harm avoided.
Name the elements needed to prove provocation.
1. Wrong act or insult occurred.
2. The act or insult was sufficient enough to deprive an ordinary person self-control.
3. The person responded suddenly.
4. The person responded before there was time for passion to cool.
Define mental disorder.
"Disease of the mind."
Difference between non-insane automatism and insane automatism.
N-I automatism, external factor
I automatism, caused by mental disorder
1. Why an abused women would remain in an abusive relationship.
2. The nature and extent of the violence that may exist in a battering relationship, and
3. The defendant's ability to perceive danger from her abuser.
Name a crime that can be defined by necessity.
Zenobia and Luke running a red light because Luke may have lost his finger otherwise.
What section of the Constitution Act does Aboriginal rights fall under?
Section 35.
Name one of the two requirements needed to prove mental disorder.
1. Left the accused incapable of appreciating the nature of the act.
2. Left the accused incapable of knowing the act or omission was wrong.
Define intoxication.
Being overpowered by alcohol or drugs to the point of losing self-control.
Importance of the R. v. Lavallee case.
This was the first time that BWS was used to advance the justification for self-defence.
Define compulsion.
The action or state of forcing or being forced to do something against a persons' will.
How much force may be used to defend one's dwelling?
Reasonable force.
Importance of the R. v. Borsch case.
The first time a PTSD defence was used in a military context in Canada.
How much force may be used to defend one's self?
Reasonable force.
Define defence of a dwelling.
Io prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.
Name the section of the Criminal Code that compulsion falls under.
Section 17.
Define double jeopardy.
Double jeopardy is prevents the accused from being tried again on the same charges and on the same facts, following a valid acquittal or conviction.