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Published byGwendoline Hoover Modified over 8 years ago
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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.
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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!
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Defence List Automatism Self-Defence Provocation Entrapment Necessity Duress Mental Disorder Intoxication *Here’s a sample of what you will do today…
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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)
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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)!
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(Insert name of defence) Describe the defence and any conditions for using the defence (be clear and concise)
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(Insert name of defence) CASE Brief description of case using this defence and pictures. Did the defence work?
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