CRM 200 Chapter Notes - Chapter 9: Mens Rea, Classic Case, Ant-Zen
30 Dec 2019
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Chapter 9: self-defence, necessity, duress and mens rea. They operate as complete defence and result in the accused"s acquittal. This chapter will examine 3 defences which apply even though the accused committed the actus. In self-defence these pressures are: violence, or threats of violence. In duress these pressures are: treats of serious harm from third parties. In necessity these pressures are: important circumstances of danger. Excuses and justifications: defences are sometimes classified as excuses or justifications. Pg 330: accused must act reasonably, objective standard test with some considerations of subjective characteristics. Pg 331: defences like extreme intoxication, mental disorders and automatism must be proven on a balance of probabilities, however, the defences in this chapter must be disproved by the crown to prove guilt beyond a reasonable doubt. So if there is reasonable doubt that someone acted under one of these defences, it must acquit.
