Mental States
This is defined as a "disease of the mind" in the Criminal Code.
What is a mental disorder?
This is the use of reasonable force to defend against an attack.
What is self-defence?
This is any building or other structure that is occupied on a permanent or temporary basis.
What is a dwelling house?
This defence asserts that the accused made an honest mistake that led to the breaking of the law.
What is a mistake of fact?
William was a reformed drug addict who was persuaded to sell drugs to an undercover female police officer. He resisted though she said she urgently needed them because she was sick. He agreed after the officer burst into tears. This is the defence he used in court.
What is entrapment?
This is the condition of being overpowered by alcohol or drugs to the point of losing self-control.
What is intoxication?
This is any act or insult that causes a reasonable person to lose self-control.
What is provocation?
Most defences that use Aboriginal or treaty rights as a justification deal with one of these two rights.
What is hunting and fishing rights?
A defence raised by the accused claiming that he or she was somewhere else when the offence was committed.
What is an alibi?
Kenneth James Parks was acquitted of first degree murder after five medical experts testified that he was sleepwalking at the time he killed his mother-in-law with a kitchen knife. This is the defence he used.
What is automatism?
A form of automatism caused by an external factor such as medication.
What is non-insane automatism?
When a person is prevented from acting according to his or her free will due to threats or force of another they are said to be under this.
What is duress or compulsion?
This defence states that the accused had no reasonable alternative to committing an illegal act.
What is necessity?
This is a defence against police conduct that illegally induces the defendant to commit a criminal act.
What is entrapment?
Tom went home late one night after a party. Unexpectedly, he is approached by Dan, who grabs him by the collar and threatens to beat him up. This is his defence.
What is self-defence?
The term "insanity" was changed to "mental disorder" in the Criminal Code in this year.
What is 1994?
The spousal homicide rate against woman is this many times higher than the corresponding rate against men.
What is five times higher?
What is manslaughter?
The legal doctrine that an accused person cannot be tried twice for the same offence.
What is double jeopardy?
Rick severed his finger with a knife. His wife, Ruby, put it on ice and drove through red lights on the way to the hospital. She used this as a defence in court.
What is necessity?
If a person's intoxication is so extreme it almost amounts to a mental disorder. This was established by the Supreme Court of Canada's decision in the case of R v ____?______.
Who is Daviault?
This section of the Constitution Act, 1982, guarantees to Aboriginal peoples all their existing Aboriginal and treaty rights.
What is Section 35?
R. v _____?_____ was the first time that battered woman syndrome was used as a justification for self-defence.
Who is Lavallee?
This defence refers to a situation in which the accused relied on the erroneous legal advice of an official responsible for enforcing the law.
What is an officially induced error?
Rob was acquitted of a murder charge; a few years later, the police found more evidence. Rob would use this defence to avoid this charge again.
What is double jeopardy?