LS202 Lecture Notes - Mental Disorder, Actus Reus, Snapple
27 Mar 2013
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Crown has burden of proving everything evidentiary burden in criminal law. If defendant decides to speak, burden shifts to defense. Air of reality test: if there is believability. Declaration by accused that they did wrongful action but the law should not punish them. Usually used in duress: yes i killed him but i was held at gunpoint [forced] . Declaration that challenges wrongfulness of action that constitutes as crime. Mistake of law: unsure how the law would apply. Committed the actus reus but under a serious mistake as to the real facts of the situation. Ignorance of the law is no excuse for breaking the law. Common law defense [not in criminal code, no guidance from legislation except from case law] The defense of necessity covers all cases where the law is excused by an emergency or justified by the pursuit of some greater good. Put in bad situation [mother nature made, cannibalism dudley case]
