CRM 2300 Study Guide - Final Guide: Actus Reus, Mens Rea, Homicide
Document Summary
The person is in a state of disassociati on. Where a intends to strike b, but misses and strikes c. In which an individual though capable of action had no voluntary control over the action. The accused had a mental disorder that deprived them of the capacity to appreciate the nature and quality of the act or omission. Balance of probabilitie s, it was more likely. Balance of probabilities, it was more likely than not. Arises when the accused can avoid some disaster only by breaking the law. Occurred in the heat of a passion caused by sudden provocation and before their passion had time to cool. The accused has committed an offence under the threat of death or serious bodily harm by another person. The accused is morally blameworth y, in only self-defence the accused is not morally blameworth y. Can never use complete defence in general intent offences where the integrity of a person is involved.