CRM 200 Study Guide - Final Guide: Actus Reus, Mens Rea, Self-Defense
14 Dec 2015
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Not defenses where accused didn"t have mens rea or actus reas. Require accused to have acted reasonably to external threat. The defenses are considered an excuse and justification because they have both actus reus and mens rea (cid:1) (cid:1) (cid:1) o o o o o. This bases reasonable standard o: we consider the reasonable person, taking into account relevant characteristic of the accused and prior history or relationship with victim. Placed on crown to disprove any of the 3 defenses beyond a reasonable doubt. Putting this defence into consideration for the case. Once a judge decides that a properly instructed jury acting reasonably could acquit then there"s an air of reality: v. hebert (1996) Son said under threat from 75 year old father, no air of reality, not possible 75 year old man pose physical threat. Drew distinction based on whether accused had provoked or assaulted the person against which they were claiming self defence.
