Definitions
What is a defence?
A denial of or justification for criminal behaviour
What is a mental state the accused may be in at the time of a crime?
Automatism, mental disorder, intoxication
Which justification can only be used in murder cases?
Provocation to reduce the charge to manslaughter
Which party must prove entrapment?
The accused
Which law violation is an officially induced error a defence for?
Regulatory law violations
What is general intent?
The intention to carry out a criminal act without an ulterior motive
What was the defence of mental disorder formerly known as?
The insanity defence
True or false: there are 9 possible justifications
False - there are 7
Which party must disprove an alibi?
Has section 17 of the Criminal Code been amended by Parliament?
No
What is the difference between a mistake of law and a mistake of fact?
Mistake of law: ignorance, not a valid defence
Mistake of fact: honest belief, valid defence
What types of offences is intoxication a valid defence for?
Specific intent
What is one condition required to advance necessity?
The act was done to avoid a greater harm, there was no reasonable alternative that did not involve breaking a law, the harm inflicted must be less than what was avoided
True or false: once a retrial is ordered, it is still considered double jeopardy
False - a retrial is ordered after an appeal and is not double jeopardy
Which two times may a different mental state be classified as a mental disorder?
Insane automatism (caused by a mental disorder), intoxication levels almost amount to a mental disorder
Which defence relies on receiving erroneous legal advice from an individual who enforces a law?
Officially induced error
How long may an accused be in a psychiatric facility by a Judge's order?
90 days
What type of crime is compulsion or duress NOT valid for?
Violent crimes (murder, assault with a weapon, etc.)
What are police not permitted to do when undercover?
Harass, bribe, or induce an individual into committing an offence
What is considered to be an abuse of power by the state?
Entrapment
Which terms share a definition with respect to criminal law?
Compulsion and duress
Which mental state may negate mens rea AND actus reus?
Automatism
How does self-defence relate to battered woman syndrome?
Battered woman syndrome is a psychiatric explanation for an abused woman to advance the justification of self-defence
How is a mistake of fact accepted?
If no laws would have been broken if the belief the accused was under had been true; negates mens rea
Which section of which act guarantees all existing and future Aboriginal rights?
Section 35 of the Constitution Act (1982)