Legal Defences Once a person has been charged with a criminal offence, the criminal justice system allows the accused to put forth a defence to the charge.

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Presentation transcript:

Legal Defences Once a person has been charged with a criminal offence, the criminal justice system allows the accused to put forth a defence to the charge. Accused is under no obligation to enter a defence. Defence generally argues that the accused committed the offence, but has a legal reason, excuse, or justification.

Today’s task: In groups of 2, select a defence to research. 1.Read about your defence in the textbook (p.331) 2.Use the template provided (on the website) to create two slides about your defence. – Slide #1 – describe the defence & conditions when it can be used – Slide #2 – describe a real case where the defence was used. Explain the outcome and why the defence worked or didn’t work. *Include images to enhance your slides! Tomorrow your group will present!

Defence List Automatism Self-Defence Provocation Entrapment Necessity Duress Mental Disorder Intoxication *Here’s a sample of what you will do today…

Mistake of Fact Accused does not have the necessary mens rea Must prove: 1.Honest mistake 2.No offence if circumstances were as accused believed them to be Cannot be used for absolute liability offence (ex. Speeding ticket)

Mistake of Fact CASE 3 people from Kitchener were driving in downtown Toronto Car made an illegal right hand turn on to a VERY ritzy street Cop was waiting to catch people who took this short- cut Teachers pleaded that they were from Waterloo and didn’t realize they couldn’t turn right (“we can turn right anywhere in kitchener!”) Cop proceeded to write out a $116 ticket ($85 fine + a victim surcharge)!

(Insert name of defence) Describe the defence and any conditions for using the defence (be clear and concise)

(Insert name of defence) CASE Brief description of case using this defence and pictures. Did the defence work?