1. Defenses Alibi Self-Defense Legal Duty Excusable Conduct
Mental Disorder
Intoxication
Automatism
Consent Entrapment
Mistake of Fact
Double Jeopardy
1- Prove the accused is not guilty
2- Convict of a lesser offense

2. Alibi
The best possible defense.
Must be offered as early as possible to maintain credibility.
Offers an explanation as to the whereabouts of the accused at the time of the offense and provides witnesses

3. Necessity
The accused must be in imminent peril or danger.
Accused must have no other legal alternative.
Perka v. The Queen (1984)

4. Duress (compulsion)
A person who commits an offence under compulsion by threats of immediate death or bodily harm.
Can not be used as a defence for murder, assault, sexual assault, arson, hostage taking…..

5. Force must be “necessary”. Force must be “reasonable”.
Self-Defense
May defend: yourself, those under your protection, movable and real property, home.
Force must be “necessary”.
Force must be “reasonable”.
Section 38- Stopping a Thief
Section 40- Defending Your Home

6. Legal Duty
Certain people, by virtue of their profession, in certain situations.
Police officers → speeding, force in arresting.

7. Excusable Conduct Provocation Duress Honest Mistake
R v. Morgentaler: “urgent situations of clear and imminent peril when compliance with the law is demonstrably impossible”
Honest Mistake
But not ignorance of law

8. Fitness at time of Offense
Mental Disorder
Section 2- Definitions
Fitness to Stand Trial
Forensic Psychiatry
Understanding proceedings
Understanding consequences of proceeding
Communicating with counsel
Fitness at time of Offense
Vincent Li

9. Intoxication
General vs. Specific Intent Offenses
Limitations, especially in sexual offense cases. Why?
Recall, intoxication itself can be an offense (in public, while driving, etc).

10. Automatism
“unconscious, involuntary behaviour… the state of a person who, though capable of action, is not conscious of what he is doing”
Element of consciousness. Where else do we see this?
Sleepwalking, convulsions, psychological stress.

11. Consent
Used in assault cases (professional sports), some sexual offenses.
May never be used for firearms, murder or sexual offenses under the age of consent.

12. Consent

13. Entrapment
Abuse of police power.
Not a true defense; results in a stay of proceedings.

14. Generally, ignorance of the law not acceptable. Why?
Mistake of Fact
Generally, ignorance of the law not acceptable. Why?
Mistake of Fact accepted if:
Genuine and not a result of neglect.
Law states this defense is acceptable.
Counterfeit Money
Possession of Stolen Goods

15. Double Jeopardy Section 11- Definition Two options Autrefois acquit
Autrefois convict

16. Law Defences Test

17. More for the Test