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Law 12 Chapter 10
Defence for the Accused
Term | Definition |
---|---|
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 |