PPT-Defences for the Accused

Defence Once an accused pleads not guilty to a criminal charge they must provide a defence Defence a denial of or a justification for criminal behaviour Denial is the most common used defence. Chapter 8.2. Consider the following case….. In January 2009, American tourist Jean Barnard boarded a Qantas plane in Alice Springs. As she did so, a three-year-old child screamed close to her face.. Homework: Read through the information and complete the table . on slide 11. 1. . SWIMMING / DUCKING. The accused witch had her hands and feet tied, and then she was put into deep water. If the accused witch floated, the water (God’s creature) had rejected her and she was deemed guilty; if she sank (and drowned), she was said to be innocent.. Alibi/mistake of fact/. ncr. /entrapment/double jeopardy/battered woman syndrome. Alibi. A defence . that the accused was in a different place, not at the scene of the crime, when it took . place. Alibi . Module . 9. . – Defamation. Objectives. At . the end of this. module you should . be able to. :. Understand the elements of defamation;. Assess the extent to which defamation law protects privacy;. Part . 1 – . From Crime Scene to . Arrest. At the Scene of the . Crime. Officers arriving at a crime scene location. Call an ambulance and assist injured people. Call in reinforcements to eliminate hazards ex. fires, unexploded bombs. to Charges. I didn’t do it!. What is a Defense . A defense is a lawful excuse, explanation or circumstance that can be used by an accused person to argue that he or she is not guilty of an offence.. Excuses and Justifications. Necessity and Duress. ...did not have a genuine choice at the time they committed it...entrenched concept of classical criminology- we choose to act anti-social (now whether thats due to internal factors or external factors is where criminology comes in). Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead, he missed and shot and killed the Prime Minister’s secretary, Edward Drummond.. Intoxication. Person has chosen to take alcohol, . drugs or other substances e.g. glue-sniffing. . General rule - if a person is voluntarily intoxicated and commits a crime there is no defence. . . Intoxication is relevant as to whether or not the defendant has the required mens rea for the offence. . Automatism. Automatism. For automatism to work as a defence, the actions of the defendant must be completely . involuntary.. Bratty -v- Attorney General for Northern Ireland (1963). “an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking”.. BY TH END OF THIS LESSON . “I WILL BE ABLE TO IDENTIFY LEGALLY ACCEPTED DEFENCES IN THE CRIMINAL CODE”. Criminal Defences. A right to a criminal defense is one of our fundamental rights. The Criminal Code defines some defenses available . --James T. Kirk. Question to keep in mind…what or who is being . verbed. ?. ?. All of the definite articles (THE) were hanging around one day…. There was masculine ‘. der. ’. der. There was neutral ‘. The rights of an accused THE RIGHTS OF AN ACCUSED The protection and promotion of human rights is an important part of the Australian legal system. A number of human rights are available to all Australians. These includes: Critically evaluate any two general defences (insanity, automatism, intoxication, consent, self-defence/prevention of crime). Suggest what reforms may be desirable to one of the defences that you have evaluated. (25 marks).