Defences

Question 1

How much notice must the defence give if they are using a special defence?

Answer 1

10 days notice must be given to the crown

Question 2

What is meant by an alibi, what does the accused need to do?

Answer 2

accused is submitting that they were not at the place in which the crime was committed

they must say where they were if they were not at the locus

Question 3

what is meant by incrimination, what does the accused need to do?

Answer 3

incriminating someone else. Must name the person that did it

Question 4

what does ignorantia iuris neminem excusat mean?

Answer 4

cannot be excused on ignorance of the law (not a defence if you don’t know the law)

Question 5

two types of error

Answer 5

errors of law and errors of fact

Question 6

Hume’s 4 criteria for coercion?

Answer 6

1. there must be an immediate danger of death or great bodily harm
2. there must be inability to resist violence
3. the accused must play a backward and inferior part in the perpetration of the crime
4. the accused must make disclosure of the facts and restitution of the spoils on the first safe and convenient occasion

Question 7

what are the complete defences?

Answer 7

alibi, incrimination, mental disorder, coercion, involuntary intoxication and self defence