Lecture 2: Defences Reaching a Verdict Chapter 8 Lecture 2: Defences Reaching a Verdict

Defences Defences Double Jeopardy Mistake of Fact Entrapment Self-defence Consent Defences Legal duty Automatism Excusable conduct Intoxication Mental disorder

Reaching a Verdict Verdict – Decision Summation: Whether the accused is guilty Culmination of the trial process Summation: Summary of the key arguments / evidence made by each side Crown usually closes first No new evidence is presented Video (Russell Williams)

The Charge to the Jury The Charge to the Jury Judge reviews facts and defines and explains the law applying to the case Intent – must have been proven Beyond reasonable doubt Weighting of evidence Charge may be challenged by either side

Jury Deliberation To determine the facts of the case Jurors must rely on their memory (unless note-taking was permitted) Jury may ask for certain evidence of laws to be reviewed Discard any evidence that they do not believe Determine the weight that they are going to give the remaining evidence Apply reasonable doubt Must acquit if there is doubt – give the Accused the benefit of the doubt

Hung Jury When the jury cannot reach a unanimous decision Judge asks them to deliberate further If jury still does not reach a unanimous decision and the Judge is satisfied Judge declares a ‘hung jury’ Jury is dismissed New trial

Verdict Presented to the court by the jury foreperson Crown and defence can ask jury to be polled Jury instructed never to disclose information presented during the trial Jury discharged Acquitted – Defendant can leave Guilty - Sentencing Jury may only make sentencing recommendations on a conviction of 2nd degree murder

From Sentencing to Release Chapter 9 From Sentencing to Release

Sentencing - Considerations Community Criminal Code crown Will of Parliament Charter Parole Rules Defence submission Conditional Sentences & Long-term Offender label Victim impact statements Pre-sentence report Penitentiary/ reformatory Accused Criminal Record Sentencing principles Plea bargain precedents Guilty plea Public Opinion Pre-trial custody

Purpose and Principles of Sentencing 1995, Criminal Code amended, giving judges some direction in sentencing Appropriate sentencing promotes respect for the law and the maintenance of a just, peaceful, and safe society Historically 4 goals when punishing offenders Deterrence Rehabilitation Retribution Segregation

Deterrence Section 718 CC Sentencing should deter people from breaking the law Reflects society’s intolerance of lawbreaking

Rehabilitation Rehabilitation / resocialization Career / job counselling and training Supervised parole Councelling (drug…) Intended to reduce recidivism

Retribution Not a sentencing objective (Criminal Code) Sentence to reflect the moral culpability of the offender…intentional risk-taking of the offender…. to consequential harm caused by the offender…

Segregation To separate offenders from society Protect us from them Incarceration