Select Criminal Defences选择刑事辩护.ppt

* * * * * * * * * * * * * * * * * * * * * * Select Criminal Defences Mental Disorder; Voluntary Acts Negativing Actus Reus and Automatism; Simple Intoxication; Extreme Intoxication; Defence of Person; Necessity; Duress; Provocation; Entrapment Intoduction Not all criminal defences listed in this section Some defences expressly provided in Code, eg., self defence, duress, correction of children by force; other defences exist under common law, eg., duress (not exactly same as Code), de minimis non curat lex (the law does not concern itself with trifles – stealing liquor bottle containing drop of alcohol) Examples of defences not selected for review: law enforcement personnel entitled to use some force to carry out duties, Code s.25; defence of dwelling house, Code s.40; de minimis defence to resist prosecution for “trivial legal violations” Defence of provocation is partial defence to murder alone “Procedural defences” – as opposed to substantive defence on merits where accused provides evidence of self defence – such as entrapment by authorities, double jeopardy – rule against multiple convictions for same delict Charges can be “stayed” due to Charter violation, which also prevents trial on merits, eg., charge took too long to come to trial, violates s.11(b) right to trial without unreasonable delay, proceedings stayed as s.24(1)remedy R. v J.A., SCC (2011) – de minimis defence in case – person cannot consent in advance to sexual acts committed when person later unconscious Mental Disorder Code s.16 modifies common law defence of insanity – term now used is “mental disorder”; person unfit to stand trial does not face trial at all S.2 defines mental disorder as disease of the mind; no Code definition of disease of the mind For defence of mental disorder, accused must establish he/she suffers from mental disorder as defined by case law and that it affected him in one or both of ways described in s.16(1) S.16(1) – no person “criminally responsible” for act committed or