LAWS 2302 Lecture Notes - Lecture 9: Mens Rea, Absolute Liability, Criminal Defenses
Document Summary
Consent: what to know, partial or total, how each defence operates, excuse or justification, the defence is under no obligation to say anything or produce evidence. The person is given the moral high ground. Makes something out as a morally defensive behaviour. Does not put someone into the moral high ground. Although they did something wrong, they were pressured into doing it. Defences: duress: an accused may be excused from committing an offence if it was done under compulsion or duress. That is, the accused person is forced by the threat of violence to commit a criminal act against his or her will. Self-defence: the use of reasonable force to defend against an attack, provided the attack was unprovoked and the force used was no more than is necessary to defend yourself. Justified only if you reasonably believe that you are in danger. Ignorance of law an generally can not be used as a defence: exception: officially induced error.
