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Defences to crime
- 17. Battered Women's Syndrome Self-Defence Aboriginal or Treaty Rights Compulsion/ Duress Provocation Necessity Defence of Dwelling JUSTIFICATIONS
Notes de l'éditeur
- Prior to 1994, this was known as the insanity defence. The term was changed, however, and terms like "lunatic" and "insane asylum" which were thought to be degrading, were removed from the CCC Proving something on a balance of probabilities means proving that there is a greater likelihood. (50% +1, rather than 100%)
- There is also the issue of fitness to stand trial. If an accused person is found to be suffering from a mental disorder at the time of the trial, the trial must be halted until they are deemed "fit." An accused person must be able to understand the nature of the trial proceedings, the consequences of the proceedings, and must be able to instruct counsel.
- Intoxication also negates consent; if the victim in a sexual assault case was intoxicated at the time of the attack, any consent that was given is invalid.
- Explain the concept of "force + one"
- She was acquitted…since then, the courts have ruled that if this defense is raised, the jury must be instructed on three elements: Why an abused woman might remain in an abusive relationship; The nature and extent of the violence that may exist in a battering relationship and; The defendant's ability to perceive danger from her abuser.
- However, Parliament has not amended s. 17 since that case.