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Law 12 Chapter 10

Defence for the Accused

TermDefinition
Defence A denial of, or a justification for, criminal behaviour
Mental Disorder Defined in the Criminal Code as a "disease of the mind"
Automatism A condition in which a person acts without being aware of what he or she is doing
Insane Automatism A form of automatism caused by mental disorder
Non-insane Automatism A form of automatism caused by am external factor
Intoxication The condition of being overpowered by alcohol or drugs to the point of losing self-control
Self-Defence The use of reasonable force to defend against an attack
Dwelling House Any building or other structure that is occupied on a permanent or temporary basis
Necessity A defence stating that the accused had no reasonable alternative to committing an illegal act
Compulsion or Duress A defence in which the accused person of forced by the threat of violence to commit a criminal act against his or her own will
Provocation Words or actions that are insulting enough to cause an ordinary person to lose self-control
Mistake of Law Ignorance of the law
Officially Induced Error A defence that the accused relied or erroneous legal advice from an official responsible for enforcing a particular law
Mistake of Fact A defence that the accused made an honest mistake that led to the breaking of the law
Double Jeopardy The legal doctrine that an accused person cannot be tried twice for the sam offence
Alibi A defence raised by the accused claiming that he or she was somewhere else when the offence was committed
Entrapment a defence agaisnt police conduct that illegally induces the defendant to commit a criminal act
Created by: slslozzy