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According to the provided text, what should a judge do if they find that entrapment has occurred?
According to the provided text, what should a judge do if they find that entrapment has occurred?
What does double jeopardy, as defined in the provided context, principally protect an individual from?
What does double jeopardy, as defined in the provided context, principally protect an individual from?
Which section of the Charter of Rights and Freedoms states the principle of double jeopardy?
Which section of the Charter of Rights and Freedoms states the principle of double jeopardy?
What is the legal term for a plea where the accused asserts they have already been acquitted of the charge?
What is the legal term for a plea where the accused asserts they have already been acquitted of the charge?
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In legal terms, what condition is necessary for something to be considered 'provocation'?
In legal terms, what condition is necessary for something to be considered 'provocation'?
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According to the context, what is the primary effect of a successful plea of provocation in a murder case?
According to the context, what is the primary effect of a successful plea of provocation in a murder case?
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If an accused person states in court that they were already convicted of the same crime, what legal plea are they most likely using?
If an accused person states in court that they were already convicted of the same crime, what legal plea are they most likely using?
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What is the primary reason that entrapment is considered an abuse of power by the police?
What is the primary reason that entrapment is considered an abuse of power by the police?
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What was a key factor in Winko's conditional discharge in May 1995?
What was a key factor in Winko's conditional discharge in May 1995?
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What was the primary concern that led to the establishment of the Toronto Mental Health Court?
What was the primary concern that led to the establishment of the Toronto Mental Health Court?
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What did the review board need to determine about Winko before his possible discharge?
What did the review board need to determine about Winko before his possible discharge?
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What was one of the conditions placed on Winko's release in August 1990?
What was one of the conditions placed on Winko's release in August 1990?
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Why were mentally disordered accused persons returning to court at an alarming rate prior to the creation of the Toronto Mental Health Court?
Why were mentally disordered accused persons returning to court at an alarming rate prior to the creation of the Toronto Mental Health Court?
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What happened in September 1994, that was a setback in Winko's treatment?
What happened in September 1994, that was a setback in Winko's treatment?
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What is the 'Carter defence' also known as?
What is the 'Carter defence' also known as?
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How did the Toronto Mental Health Court affect the time spent in jail for accused persons?
How did the Toronto Mental Health Court affect the time spent in jail for accused persons?
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What is the meaning of 'absolutely discharged', in the context of Winko's review?
What is the meaning of 'absolutely discharged', in the context of Winko's review?
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In the R. v. Carter case, what evidence did Carter provide to challenge the Breathalyzer result?
In the R. v. Carter case, what evidence did Carter provide to challenge the Breathalyzer result?
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What was the ruling in the R. v. Carter case?
What was the ruling in the R. v. Carter case?
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Following changes to the Criminal Code, under what specific circumstances can Breathalyzer results now be questioned?
Following changes to the Criminal Code, under what specific circumstances can Breathalyzer results now be questioned?
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In the R. v. Gibson case, why did the Supreme Court uphold the convictions of Gibson and MacDonald?
In the R. v. Gibson case, why did the Supreme Court uphold the convictions of Gibson and MacDonald?
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Why did the court determine that evidence of the amount of alcohol consumed by an individual is unreliable?
Why did the court determine that evidence of the amount of alcohol consumed by an individual is unreliable?
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What does the term 'evidence to the contrary' refer to in the context of the described cases?
What does the term 'evidence to the contrary' refer to in the context of the described cases?
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Which of the following is NOT a valid way of disputing a Breathalyzer test after 2008 according to the content?
Which of the following is NOT a valid way of disputing a Breathalyzer test after 2008 according to the content?
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Study Notes
Criminal Defences
- Numerous defences available to accused persons in Canada. Some are based on innocence, while others provide reasons for the crime.
- A valid defence accepted by the court often leads to acquittal.
- Key terms: alibi, automatism, battered woman syndrome, defence, double jeopardy, duress, entrapment, not criminally responsible (NCR), provocation, and self-defence.
Alibi Defence
- Best possible defence; places the accused elsewhere at the time of the offence.
- Crown must disprove the alibi to prove guilt.
- An alibi statement must include: a statement that the accused was not present at the crime scene, an explanation of the accused's whereabouts, and the names of any witnesses.
- Accused must give name and address of anyone who can support the alibi; police investigate credibility.
Automatism
- Automatism is defined as a state of functioning without conscious control or effort.
- Two types: non-insane (non-mental disorder) and insane automatism
- Non-insane automatism is linked to external factors. Eg sleepwalking, hypoglycemia or severe psychological trauma.
- Insane automatism is caused by a "disease of the mind".
- Judge must decide whether the condition poses a recurring danger to the public.
Intoxication
- Intoxication can be a defence if the accused lacked the intent to commit the crime.
- Different from general intent offences (like assault).
- For a specific intent offence (like murder), accused must have formed the intent.
The Carter Defence
- A defence to drinking and driving, where the accused disputes the Breathalyzer results, claiming a machine malfunction or operator error.
- No longer an acceptable defence in Canada.
Battered Woman Syndrome
- A legal defence, recognized in some cases, where the accused acknowledges the act but argues that her abusive relationship led to the actions.
- Defence requires the accused to show the threat was immediate and reasonable based on the surrounding circumstances.
Necessity
- Defence used when the accused commits a crime due to immediate and urgent circumstances, claiming no other choice to avoid greater harm.
- Circumstance must be imminent and unavoidable; narrow scope of application.
- R.v. Perka (1984) is a leading case, recognizing necessity only in circumstances of imminent risk.
Duress
- Similar to necessity; accused commits a crime under threat of harm from another person.
- The threat must be immediate death or serious bodily harm.
- Less common than other defences.
Ignorance of the Law and Mistake of Fact
- Ignorance of the law is not a defence.
- A mistake of fact can be a defence if it negates the mens rea (guilty mind) required for the crime. This applies when the accused genuinely, honestly and reasonably made a mistake about the facts relating to the crime.
Entrapment
- Occurs when police induce someone to commit a crime they otherwise would not have committed, where they had no reason to believe they were involved in the crime before.
Double Jeopardy
- A legal concept that protects individuals from being tried twice for the same offence.
- The Charter of Rights protects against this.
Provocation
- A defence that can reduce a murder charge to manslaughter.
- The accused's actions were a response to a wrongful act or insult by the victim that provoked them to kill.
- Requires the accused to lose self-control in a reasonable way.
Other Defences
- Various other defences besides those listed, some may be outlined in criminal codes or by court precedents.
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Description
Explore the various criminal defences available to accused persons in Canada, including alibi, automatism, and self-defence. Understand how these defences work and their significance in criminal trials. This quiz covers key terms and concepts essential for grasping the complexities of legal defences.
