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Defences Used to prove that the accused is not guilty of the offence charged OR that he/she is guilty of a lesser crime.

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Presentation on theme: "Defences Used to prove that the accused is not guilty of the offence charged OR that he/she is guilty of a lesser crime."— Presentation transcript:

1 Defences Used to prove that the accused is not guilty of the offence charged OR that he/she is guilty of a lesser crime

2 Self Defence Can only use force that is “necessary” and “reasonable”
Must prove that force is necessary to preserve yourself from grievous harm Must believe, on reasonable grounds, that you have no other option but to harm/kill the person Remember “battered woman syndrome”

3 Excusable Conduct Duress=threat or use of violence
Honest mistake=truthfully did not know you committed a crime

4 Mental Disorder Presumption of sanity
Main concern is mental fitness at time of the trial, not mental fitness at time of the offence

5 Intoxication Must know difference between general and specific intent
I.e. Intoxication can be used to lower the offence from murder (a specific intent offence) to manslaughter (a general intent offence)

6 Automatism “unconscious, involuntary behaviour”
I.e. sleep walking, convulsions, behaviour caused by stress

7 Consent Only used if the person really did give consent
I.e. Athletes charged with assault may argue that, by playing the game, the injured party consented to the game’s rough physical contact

8 Mistake of Fact Must genuinely be ignorant to the facts
I.e. You use counterfeit money that you just received from another store I.e. You buy stolen goods that you do not know are stolen

9 What is NOT a valid defence?
Ignorance to the law


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