Who are these people? What did they do? Defences Who are these people? What did they do?

What is a Defence? A defence is a denial of, or a justification for, criminal behavior. Once the Crown has tried to prove that the accused is guilty beyond a reasonable doubt, the defence may attempt to raise some reasonable doubt that the accused possessed both elements of the crime (actus reus and mens rea) to ‘justify’ the crime – to provide a legally accepted reason why they committed this crime

I knew I always looked like Charlize Theron!!! Aileen Wuornos – the woman from the “Monster” movie prostitute Killed 7 men with a .22 calibre pistol Defence? Success?

Self-Defence Self-defence is the use of reasonable force to defend against an attack, provided the attack was unprovoked and the force used was no more than is necessary to defend yourself. If you kill someone while defending yourself, it is justified only if you reasonably feared that you would be killed or seriously harmed. Must be an immediate threat No other means of escape The means of the defence must be proportional to the threat

He was going to hurt me .. I had to do something…..

What if you provoked the fight? Justified if he/she uses force (i) under reasonable apprehension of death or grievous bodily harm, and (ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm, and (iii) he declined further conflict before the necessity of preserving himself from death or grievous bodily harm arose

Stop resisting arrest while I’m beating you!!! Stacey Kuhn Beat Rodney King, started L.A. Riots Defence? Success? Legal duty – had a legal right/obligation/excuse to commit the offence Ie. Use of reasonable force by a police officer

Rodney King video- reasonable force? http://video.msn.com/?mkt=en-us&brand=msnbc&tab=m5&rf=http://www.msnbc.msn.com/id/15649790/&fg=&from=00&vid=b1b36231-cb03-472f-9838-07cec17b2720&playlist=videoByTag:mk:us:vs:1:tag:hotvideo_m_taser:ns:MSNVideo_Top_Cat:ps:10:sd:-1:ind:1:ff:8A

Legal Duty Every one is justified in using as much force as is reasonably necessary To prevent the commission of an offence (i) for which, if it were committed, the person who committed it might be arrested without warrant, and (ii) that would be likely to cause immediate and serious injury to the person or property of anyone

My boyfriend texted me.... I forgot I was holding the salad

Excusable Conduct Duress – someone else forces you by threat of death to commit a crime to preserve yourself. Not someone else. You must be in immediate danger of death Honest mistake- did not know you committed an offence In possession of unpaid items – shop lifting

He’s Not Married With Children Ted Bundy Killed 43 women to satisfy uncontrollable sexual urges Covered crime up by vacuuming trunk What was his defence?

MENTAL DISORDER- 3 Conditions Must be suffering from a mental disorder rendered the person incapable of appreciating the nature and quality of the act or omission OR…… of knowing that it was wrong.

A Dog’s Best Friend Who is he? “Son of Sam” David Berkowitz Killed 4-5 young couples Thought that a dog named “Sam” told him to kill What was his defence?

That’s gonna leave a mark…… Albert Fish Child killer, cannibal “needled” himself Thought killing children not killing but bringing them to a higher state of “being” Happily confessed – thought he was doing them a favour.

Battered woman syndrome A type of self-defence where the prolonged effects of spousal abuse led to the abusive spouse being killed by the victim. The Supreme Court of Canada found that the jury should be instructed in such cases on three elements. Why an abused woman might stay in an abusive relationship The nature and extent of the violence that may exist in the battering relationship The defendant’s ability to perceive danger from her abuser The syndrome is not a defence in itself. It is a psychiatric explanation for the state of mind of an abused woman, which can therefore be used to justify self-defence.

Run Lobster! Run and be Free! Edward Furlong Got drunk and opened Lobster tank at restaurant to set the lobsters free…. Defence? Success?

intoxication Intoxication is the condition of being overpowered by drugs or alcohol to the point of losing self-control. It is not generally a defence to a crime but the exception is a crime of specific intent. For example, a person may be too intoxicated for the specific intent of murder, but would still be guilty of manslaughter, a general intent offence. Another exception might be someone so intoxicated that it amounts to a mental disorder. However, this defence is rarely used and cannot be used in cases of assault or sexual assault. This defence can never be used for drinking and driving.

Sleep driving?…… In 1987, Kenneth James Parks got into his car, drove to the home of his wife's parents and brutally attacked the couple, killing his mother-in-law with a tire iron and severely injuring his father-in-law. He then got back in his car and drove to the nearest police station to confess his crime. He claimed he had been asleep throughout the entire incident. Possible? Could a man not only commit murder, but drive his car -- twice -- while asleep?

Automatism Your actions were automatic; could not be controlled It negates the Actus Reus of a crime because the person acts involuntarily. Automatism can be the result of sleepwalking, medication, a concussion, a brain tumor or involuntary ingestion of drugs. insane automatism: caused by a mental disorder, resulting in an accused being not criminally responsible non-insane automatism: caused by a external factor. Here the accused would be acquitted

Ouchhhhh… you hurt ME!!!

consent The injured party says they consented to the action Hockey and football players charged with assault

I was framed! Hugh Grant

Arrested with prostitute in Hollywood If the prostitute had been a police officer, what would his defence have been? Would it have been successful?

Entrapment A defence against police conduct that illegally induces the defendant to commit a criminal act. The burden is on the accused to prove entrapment. Usually the result of police undercover work. The police can present an opportunity to commit a crime but cannot harass, bribe or induce a person to break the law. If the judge agrees to this defence, the judge will “stay” the proceedings or stop the trial.

OOOOPS.

Mistake of fact or law A mistake of law is simply ignorance of the law and generally can not be used as a defence. The one exception is officially induced error, a defence that the accused relied on erroneous legal advice from an official responsible for enforcing a particular law. A mistake of fact is a defence that the accused made an honest mistake that led to the breaking of the law. The accused would not have the mens rea or guilty mind.

The glove didn’t fit. O.J. Simpson Alleged to be at home and then at McDonalds when wife killed Defence? Success? Alibi - Were not at the scene of the crime, physically were somewhere else. Could he be tried again for her killing?

Could O.J be tried again for her killing? What would Alex Trebek say? Double Jeopardy cannot be convicted of the same crime (same act) twice

Section 11, Charter Charter of Rights and Freedoms 11. Any person charged with an offence has the right h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again

Would you like to play a game? You are chained to a tub, as is your friend. He has the key to the lock on your ankle To escape the poison gas entering the room, you must kill your friend. Do you?

Necessity Necessity – the circumstances make it necessary for you to commit the crime to preserve yourself No legal alternatives Harm inflicted must be proportional to the harm avoided by the accused YOU must me in immediate danger of death