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100
What is a defence?
A defence is the accused's response to criminal charges.
100
What does NCR stand for?
Not Criminally Responsible
100
A defence that the accused was not at the scene of the crime when it took place.
Alibi
100
Define Provocation
Committing a crime during the heat of passion.
200
Define Double Jeopardy
Being tried twice for the same offence.
200
An alibi defence includes three parts: 1. a statement that the accused was not present at the crime 2. an explanation of the accused whereabouts at the time of the crime 3. ________________________
The names of any witnesses to the alibi
200
The defence of ___________ can be used if someone is forced to commit a crime upon fear of immediate death or bodily harm.
Duress
200
Define self-defence
The legal use of reasonable force in order to defend oneself.
300
Leslie arrives home to find her mother on the ground having difficulty breathing. She has suffered from a heart attack. Leslie picks her up, carries her to the car and speeds off to the hospital for medical attention. If Leslie is stopped by police and charged with dangerous driving, she could use what defence?
Necessity
300
The defence of ____________ can be used as an excuse for a criminal act committed due to immediate and urgent circumstances.
Necessity
300
How are insane automatism and non-insane automatism different?
Insane automatism is caused by a disease of the mind while non-insane is not.
300
Define entrapment.
Police action that induces a person to commit an offence.
400
A valid defence that is accepted by the court will often lead to what?
An acquittal
400
This defence is defined as a psychological condition caused by severe domestic abuse.
Battered Woman Syndrome
400
Define mistake of fact
A defence that shows a lack of mens rea due to an honest mistake.
400
To use intoxication as a defence, the accused must show that he or she did not have ______ _______ ________ at the time the offence was committed.
the required intent (mens rea)
500
Summarize the case we looked at in class in which the man used intoxication as his defence. (R. v. Daviault)
The victim asked the man to deliver some alcohol to her. She fell asleep and while sleeping he drank the rest of the bottle he brought her. He then proceeded to sexually assault her.
500
Define automatism
Involuntary action by someone who is in a state of impaired consciousness.
500
Someone can be determined ________ ________ _________ because of a disease of mind.
not criminally responsible
500
This defence is defined in section 232 of the Criminal Code and is an accepted legal defence that can reduce a charge of murder to manslaughter.
Provocation
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