ADMJ 103 Lecture Notes - Lecture 13: Mens Rea, Case Citation, Actus Reus
Document Summary
Only after the doctrines [defences] have been added to the rules [specific offences] has the penal law been fully stated jerome hall. The doctrines (defences) express the common material parts of the definitions of the specific crimes and are essential in the definition of the various crimes. Ie if defendant was insane, mistaken, coerced etc when he caused an injury, no crime is committed. Three broad categories of defences: (1) failure of proof defences - may be because of a mistake. Eg mistake, intoxication denial of mens rea (2) defences based on circumstantial pressure: Eg compulsion, (duress), necessity (duress of circumstances), self-defence (species of compulsion), impossibility, involuntariness, act of god (physical compulsion), inevitability. (3) defences based on mental condition. Eg infancy, insanity (diminished responsibility), provocation, automatism, [mistake of fact] Provided a common-law defence is not expressly altered or abolished by legislation, its availability will depend on interpretation of legislation governing particular offence.
