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Questions and Answers
What is the first argument an accused can present in their defence?
What is the first argument an accused can present in their defence?
In an alibi defence, what is the significance of early disclosure?
In an alibi defence, what is the significance of early disclosure?
What must the accused do concerning their alibi during a trial?
What must the accused do concerning their alibi during a trial?
What led to the Ontario Court of Appeal ordering a new trial for Maracle?
What led to the Ontario Court of Appeal ordering a new trial for Maracle?
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In assessing whether the alibi was disclosed in sufficient time, what was the trial judge implying?
In assessing whether the alibi was disclosed in sufficient time, what was the trial judge implying?
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Why was Justice Glithero's decision more favorable for Maracle compared to the first trial judge's decision?
Why was Justice Glithero's decision more favorable for Maracle compared to the first trial judge's decision?
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Which aspect was primarily considered in Justice Glithero's decision about Maracle's imprisonment?
Which aspect was primarily considered in Justice Glithero's decision about Maracle's imprisonment?
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What conclusion did Dr. Stephen Harper primarily provide in his assessment for Justice Glithero?
What conclusion did Dr. Stephen Harper primarily provide in his assessment for Justice Glithero?
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What was Larry Sinclair's main argument for giving Dr. Kutryk a speeding ticket?
What was Larry Sinclair's main argument for giving Dr. Kutryk a speeding ticket?
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What alternative action could the police officer have taken instead of issuing a ticket?
What alternative action could the police officer have taken instead of issuing a ticket?
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What legal defense did Dudley and Stephens present, and why was it rejected?
What legal defense did Dudley and Stephens present, and why was it rejected?
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What rationale did Dudley and Stephens use to determine which person to kill?
What rationale did Dudley and Stephens use to determine which person to kill?
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What was the judge's stance on the relationship between law and morality?
What was the judge's stance on the relationship between law and morality?
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Why wasn't Brooks charged with murder in relation to the incident?
Why wasn't Brooks charged with murder in relation to the incident?
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What is a key restriction of the statutory defense of duress?
What is a key restriction of the statutory defense of duress?
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In what way was the common law defense of duress broader than the statutory defense outlined in Section 17?
In what way was the common law defense of duress broader than the statutory defense outlined in Section 17?
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What facts might Ruzic have used to support her common law defense of duress?
What facts might Ruzic have used to support her common law defense of duress?
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What impact did the Ruzic decision have on the precedent set by the Keller case regarding duress?
What impact did the Ruzic decision have on the precedent set by the Keller case regarding duress?
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What is the primary characteristic of non-insane automatism?
What is the primary characteristic of non-insane automatism?
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What does the Not Criminally Responsible (NCR) verdict imply?
What does the Not Criminally Responsible (NCR) verdict imply?
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In cases of insane automatism, who carries the burden of proof?
In cases of insane automatism, who carries the burden of proof?
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What type of offense can intoxication serve as a defense?
What type of offense can intoxication serve as a defense?
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What was one effect of S. 33.1 of the Criminal Code on intoxication defenses?
What was one effect of S. 33.1 of the Criminal Code on intoxication defenses?
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How does the Carter Defense operate?
How does the Carter Defense operate?
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What verdict can be expected if an accused is found to have a 'disease of the mind' at the time of an offense?
What verdict can be expected if an accused is found to have a 'disease of the mind' at the time of an offense?
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What is the core concept of Battered Woman Syndrome as a legal defense?
What is the core concept of Battered Woman Syndrome as a legal defense?
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What happens to an accused found unfit to stand trial?
What happens to an accused found unfit to stand trial?
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What is the main legal implication of intoxication leading to a not guilty verdict for murder?
What is the main legal implication of intoxication leading to a not guilty verdict for murder?
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Which statement reflects Justice Sopinka's interpretation of accountability in intoxication cases?
Which statement reflects Justice Sopinka's interpretation of accountability in intoxication cases?
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What role does expert evidence play in the Carter defense strategy?
What role does expert evidence play in the Carter defense strategy?
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What determines the acceptance of a non-insane automatism defense?
What determines the acceptance of a non-insane automatism defense?
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In which situation would a judge likely discharge an accused suffering from a mental disorder?
In which situation would a judge likely discharge an accused suffering from a mental disorder?
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What is required for the successful defense of automatism in a legal case?
What is required for the successful defense of automatism in a legal case?
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Why might the Crown argue that the appellant's amnesia followed the shooting?
Why might the Crown argue that the appellant's amnesia followed the shooting?
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Which definition best describes 'counselling to commit murder' under criminal law?
Which definition best describes 'counselling to commit murder' under criminal law?
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What is one key reason Doucet might favor arguing duress over Battered Wife Syndrome/Self-defense?
What is one key reason Doucet might favor arguing duress over Battered Wife Syndrome/Self-defense?
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Why did the Supreme Court of Canada decide to stay the proceedings in Doucet's case?
Why did the Supreme Court of Canada decide to stay the proceedings in Doucet's case?
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What limitation exists in the use of self-defense according to the legal framework?
What limitation exists in the use of self-defense according to the legal framework?
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In the case discussed, why was Paice charged with manslaughter instead of murder?
In the case discussed, why was Paice charged with manslaughter instead of murder?
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What conditions define the defense of necessity in legal circumstances?
What conditions define the defense of necessity in legal circumstances?
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What was one argument the Crown made against Ungar's defense of necessity?
What was one argument the Crown made against Ungar's defense of necessity?
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How did the trial judge justify dismissing the charges against Ungar?
How did the trial judge justify dismissing the charges against Ungar?
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What does the term 'intervener' imply in a legal context?
What does the term 'intervener' imply in a legal context?
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What critical point did the Supreme Court emphasize when allowing the Crown's appeal?
What critical point did the Supreme Court emphasize when allowing the Crown's appeal?
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Under what circumstances can lethal force be justified in self-defense?
Under what circumstances can lethal force be justified in self-defense?
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Study Notes
Criminal Defences
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Accused's Defence Arguments: Accuseds can use three arguments for their defence:
- Deny committing the act (actus reus).
- Argue they lacked intent (mens rea).
- Claim a valid excuse for their actions.
- Alibi Defence: An alibi should be disclosed early to allow police and crown investigations. The accused may testify on their alibi to allow the jury to assess their credibility, and for cross-examination.
- Maracle Case: The Ontario Court of Appeal ordered a retrial due to substantial errors affecting the accused's alibi, possibly the judge suggesting less weight for an alibi not disclosed to investigators early.
Automatism
- Automatism: Automatic functioning without conscious effort or control.
- Non-Insane Automatism: Caused by external factors (sleepwalking, physical blow, physical ailments, severe psychological trauma). Not a recurring danger; considered temporary insanity. - The accused has the burden of proof to show significant evidence.
- Insane Automatism (NCR): Caused by disease of the mind, presenting recurring danger. - The term commonly for insane automatism in the Criminal Code is "Not Criminally Responsible." - Conditions for NCR: mental disorder at the time of the act, and the disorder made the individual incapable of appreciating the act or knowing it was wrong. - The accused, or the Crown, can raise the NCR defense; the party raising it bears the burden of proof. Courts first determine if the accused is fit to stand trial. - Questions at a fitness to stand trial hearing: - Understanding of the proceeding. - Understanding of potential consequences - Ability to communicate with the lawyer
- Consequences of Unfit to Stand Trial Accused: Trial cannot proceed, accused is returned to jail/hospital until fit.
Intoxication
- Intoxication as a Defence: It's a defence for specific intent offences, but not for general intent offences. Aggravated assault is a general intent offense.
- Not Guilty by Intoxication: If a person is found not guilty of murder due to intoxication, they might still be found guilty of manslaughter (a general intent offense).
- Daviault Case: Accused was found not guilty because of reasonable doubt about possessing necessary intent for sexual assault (due to extreme intoxication).
- Pharmacologist's Evidence: The pharmacologist presented evidence suggesting a possible blackout due to a significant amount of alcohol consumption, thereby rendering the accused unable to function normally.
- S.33.1 Criminal Code Amendment Impact: This amendment made intoxication a defense against general intent offences; Daviault likely would have been found guilty.
- Justice Sopinka's Minority Opinion: Society, in his view, should punish people who voluntarily become intoxicated and pose risks to others.
Carter Defence (and its changed status)
- Carter Defence: Accused claimed their blood alcohol level was lower than breathalyzer results because if they drank a certain amount then this would be their level by evidence.
- Criminal Code Amendments (2008): Amendments prohibited challenging breathalyzer results without prior evidence of machine/operational malfunction— the amount drunk could no longer be presented as evidence in a trial, unless it was argued the machine malfuntioned.
Battered Woman Syndrome
- R. v. Lavallee: Introduced battered woman syndrome as a legal defense. Prior law required imminent danger to justify self-defense; with this change police can charge the abuser if the abused will not.
- R. v. Graveline: Graveline used non-insane automatism instead of battered woman syndrome to argue defense because there seemed no imminent threat. While the Crown argued her amnesia followed her action, Defense experts saw it as a consequence of the traumatic relationship.
- R. v. Ryan: Doucet's actions constituted "counseling to commit murder" because the definition of counselling includes "procure, solicit, or incite." She might have also faced charges for aiding and abetting, attempting murder (might not qualify based on whether any action was taken to commit the crime, or merely solicited in this case), or conspiracy, (though conspiracy would be difficult due to the fact that the hitman in question was an undercover cop who never agreed to anything.)
- Intervener's Role: An intervener is a third party with special interest in a case; The Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund intervened to support the defense, promoting women's rights.
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Why Duress rather than BWS/Self-Defense: The lack of an imminent threat and cohabitation, or the fact that the abuse is less present in this case, makes the duress angle slightly better than Battered Woman Syndrome/Self-Defense.
- Stay of proceedings:** No finding of guilty or not guilty, or a record is created; proceedings are simply stopped.
Self-Defence
- Justification for Self-Defense: Permitted for imminent danger, when no other option exists to protect oneself or property. Belief about the threat must be genuine.
- Acceptable Force in Self-Defense: Force necessary and proportional; intended to cause death or serious harm is not justified.
- Self-Defense Justifying Killing: Permissible if the person reasonably believes their life is endangered.
Necessity
- Necessity Defence Characteristics: Applies to situations with imminent risk, where a person commits a crime as an unavoidable consequence of immediate and urgent circumstances (or danger).
- R. v. Ungar: A case where the accused claimed necessity as a defense for driving dangerously to get a patient to the hospital. The court dismissed the charges; the court felt that in the circumstances, every second could have been a matter of life and death for the patient.
Other Cases/Situations
- Traffic Cop Holding Up Speeding Surgeon: The police officer's argument was that stopping the physician prevented a potential accident & saved time if the doctor was involved in an accident. Others felt that the officer should have the surgeon follow in a cruiser, possibly with lights for a short while. The outcome was that the ticket was withdrawn.
- Dudley and Stephens: This case highlighted that necessity is insufficient to justify killing someone unless it is a lesser risk than the alternative.
- Brooks: The court found that despite being present, no charge of murder was to be levied due to the fact that he had no active role in the killing of Parker.
Duress
- Duress Defence Application: Available if an individual is forced to commit an offence via threats of death or bodily harm from another person. - The threatener must be present physically at the time, and the threat must be imminent. Murder is not a crime where duress can be used as a defense; several other offences also fall under this restriction, as per section 17 of the Criminal Code.
- R. v. Keller: The defence of duress failed because the threatener wasn't present; the threat wasn't immediate.
- R. v. Ruzic: The defendant sought to declare section 17 of the Criminal Code unconstitutional, arguing that the requirement for the threatener's presence was unduly restrictive. The common law defence of duress was expanded to situations where the threatener is not present, and can even be in the future.
- Comparison of Duress and Compulsion: The common law defence of duress is broader than the statutory defence of compulsion as it does not require the threatener`s presence, the threat may be in the future, and the threat might not be towards the accused.
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Description
This quiz explores key concepts in criminal defences, including the arguments an accused can use and the importance of alibi disclosure. It also delves into the topic of automatism, distinguishing between non-insane automatism and its implications in legal cases.
