LLB106 Lecture 9: EXCUSES AND DEFENCES (3)- MISTAKES & CLAIMS OF RIGHT
Document Summary
Week 9: excuses and defences 2- act independent of. Can be a complete excuse/ defence, partial in the sense that they may reduce the particular offence to a residual offence. Failure to disprove leads to acquittal ie. a complete excuse. Where criminal negligence is established, s 23 is not applicable. Key distinction is between the act and the event : 23(1)(a)= act of accused, 23(1)(b)= focuses on the event that is caused by the accused. 23(2) under code, intention is irrelevant unless intent is a specific element of the offence. If offence makes no reference to intention, prosecution does not have to prove intention- it is not an element. 23(3) motive is immaterial as well, unless expressly declared in provision. Can be evidentiary to suggest they did something when convincing the jury etc. Elements: an act or omission (failure to do something, that occurs independently of the exercise of the person"s will.
