Top Defences Used in Criminal Cases
When facing criminal charges, it is crucial to understand the different defences that may be available to you. These can be used to challenge the Crown's case and potentially result in a dismissal or acquittal of the charges. Here are some of the top defences used in criminal cases.
- Self-defence: This defence can be used when an individual has used force to protect themselves from harm. The force used must be reasonable and necessary in the circumstances.
- Defence of others: Similar to self-defence, this defence can be used when an individual has used force to protect another person from harm. The critical difference is that the person being protected must be under imminent threat of bodily harm.
- Defence of property: Individuals may use reasonable force to protect their property from theft or damage. However, the force must be proportional to the threat and cannot be deadlyAutomatism
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Defence of Automatism: Automatism is a defence that can be used in cases where the defendant was not in control of their actions at the time of the crime. For example, this can be due to a medical condition. To successfully use this defence, the defendant must prove that they were not in control of their actions at the time of the crime and that they did not have the intent to commit the crime.
- Alibi: An alibi defence is used when an individual can prove they were not at the scene of the crime at the time it was committed. This can be done through the testimony of witnesses or the presentation of other evidence, such as video footage or cell phone records.
- Insanity: This defence can be used when an individual had a mental disorder at the time of the crime, which prevented them from understanding the nature of their actions or from knowing that what they were doing was wrong.
- Duress: This defence can be used when an individual is forced to commit a crime under threat of harm or death. The threat must be immediate, and the individual must have had no reasonable means of escape.
- Mistake of fact: An individual may use this defence if they committed a crime under a mistaken belief. For example, if an individual believed a gun was not loaded and accidentally pulled the trigger, they may use the defence of mistake of fact.
- Entrapment: This defence can be used when law enforcement officers induce an individual to commit a crime they would not have committed otherwise.
It is important and highly recommended to consult with a criminal defence lawyer who can advise you on the specific defences that may be available in your case.
Disclaimer: The information provided in this blog is for general educational purposes only and is not intended as legal advice. Each case is unique and the laws discussed may not apply to your specific situation. Please consult a qualified lawyer in your area for personalized guidance. The information in this blog is not guaranteed to be accurate or up-to-date and should not be relied upon as a substitute for consultation with a professional.