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Lecture 5

CRM1300 Lecture 5: CRIM LECTURE 5

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Carolyn Gordon

LEGAL FOUNDATIONS OF CRIMINAL JUSTICE Legal defences and the law Excuse defences o Conduct is wrong but certain circumstances exist and the actor excused from criminal liability (no criminal intent) • Mental disorder • ex. Matt De Groot-2014 (hallucinations, killed friends at a party) • found NCR • incapable of appreciating the nature and quality of the act/omission Age • • 3 distinct stages – same offence but different reaction • 11 and under there is no criminal responsibility • 12-17 youth- if they commit a crime held accountable but limited responsibility– youth criminal justice act • 18+ an adult – if found guilty you have full responsibility • not consistent around the world • Automatism • Unconscious/involuntary actions does not apply to: alcohol, drugs • • Kenneth Parks • driving when tired does not count • seizures count • Luca Magnota • Mistake of fact • an illegal act is committed while believing that circumstances were true • honest mistake • if a women believes her husband is dead, and marries someone else, could claim mistake of fact • Limits- sexual assault cases (14-15 can consent to sexual activity, but the other person has to be 16 or younger. There has to be less of a 5 year age difference.) • Mistake of Law • ignorance of the law is NO excuse • PMS? Intoxication? • intoxication is not a defence • only time it can be used is if its INVOL
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