1. Forms of Defence automatism mental disorder intoxication
mistake of fact
mistake of law
self-defence
compulsion

2. DEFENCES TO CRIMES
1. Justification
2. Excuse
3. Mitigation

3. JUSTIFICATION
Defendant will not be held liable for conduct that is justified
Action is permitted for protective reasons

4. JUSTIFICATION Necessity (Not the same defence in the USA)
Self Defence (Must be reasonable force)
Defence of Others
Prevention of a Crime
Defence of Property

5. MITIGATION Heat of Passion (Mitigates murder to lesser charge)
Imperfect Self defence
Mistaken Justification
Coercion/Duress (Not a defence to murder!)
Diminished Capacity

6. EXCUSES TO CRIMINAL CONDUCT
Insanity
Diminished Capacity
Infancy
Intoxication
Mistake
Duress
Consent
Entrapment

7. Automatism: A defence based on a claim that one's actions were not voluntary
Examples:
Sleepwalking
pneumonia
Stroke
Hypoglycaemia
Psychological blows
Reflex actions
Acid Test: Did one’s body commit the offence independent of their mind.

8. Mental Disorder: A defence based on a claim that one is not capable of appreciating their actions.
Examples:
mental disability
schizophrenia
Acid Test: Did one know that they committed the offence without understanding that it was wrong.

9. Intoxication: A defence based on a claim that one is not capable of appreciating their actions due to momentary intoxication.
Examples:
alcohol
drugs
Acid Test: Was one’s ability to appreciate their actions compromised to the point that they were unable to form necessary mens rea.

10. Mistake of Fact: A defence based on a claim that one committed the offence because they mistook a critical fact.
Example:
Serving alcohol to a minor who provided fake ID
Acid Test: Would the person have not committed the offence if they had known the true fact.

11. Mistake of Law: A defence based on a claim that one committed the offence because they did not know that their action was against the law. This is an exception to Section 19 of the Criminal Code (Ignorance of the law is not an excuse).
Colour of Right: The offence believed they had a pre-existing right that allowed them to commit the offence.
Example: Taking property to which one believed they had a claim.
Officially Induced: The accused was informed that the act was not an offence by a representative of the state.
Example: Ministry of Transport informed one that they could drive with an expired license.

12. Self Defence: A defence based on a claim that one committed the offence in order to protect themselves, another person, or property.
Example:
Hitting someone to prevent an attack.
Acid Test: Could the person have avoided harm without having resorted to physical violence.

13. Compulsion: A defence based on a claim that one committed the offence in order to avoid harm posed by way of a threat.
Example:
Stealing money in order to avoid being assaulted.
Acid Test: Did the person face imminent harm that could not have otherwise been avoided?
Cannot be used as a defence for:
murder
sexual assault
etc. (anything where another life is seen as more valuable that the accused’s life)