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

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

3. 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)

4. 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

5. 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

6. 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

7. 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

8. From Sentencing to Release
Chapter 9
From Sentencing to Release

9. 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

10. 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

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

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

13. 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…

14. Segregation To separate offenders from society Protect us from them
Incarceration