LAWS 2302 Lecture Notes - Lecture 8: O. J. Simpson Murder Case, Partial Defence, Self-Defense
Document Summary
Defences: there are common law defences, there are old rules coming about, they can exist under the common law, not just the criminal code. If the facts are acknowledged, then the defence is legal: excuses: the person who is alleged, if the defence is valid, then the offence is less valid. The conduct is thought to be undesirable but that for some reason the actor is not to be blamed for it: provocation, duress. Justification: defences that turn the persons conduct into something that is bad into something that is good. They give the person the moral high ground. Factual defence: nothing is proven just because the crown says so. It is only after the crown rests their case that the defence brings about theirs. Some legal defences are partial and some are total: provocation is only a partial defence.
