A criminal defence is an argument that an accused person can make to avoid being convicted of a crime. There are many different types of criminal defences, and the specific defence that is available to an accused person will depend on the facts of the case.
Some of the most common types of criminal defences in Canada include:
- Self-defence: This defence is available when an accused person uses force to protect themselves or another person from an imminent unlawful assault. The force used must be reasonable in the circumstances.
- Defence of property: This defence is similar to self-defence, but it is used to protect property rather than people. The force used must also be reasonable in the circumstances.
- Necessity: This defence is available when an accused person commits a crime to prevent greater harm from occurring. For example, if an accused person breaks into a house to call 911 because the people inside are in danger, they may be able to use the necessity defence. Speeding in a vehicle on the way to the hospital to save life is another example.
- Duress: This defence is available when an accused person is forced to commit a crime by the threat of immediate and serious harm to themselves or another person.
- Mental disorder: This defence is available when an accused person has a mental disorder that prevents them from knowing or understanding the nature or quality of their act, or from knowing that their act is wrong.
- Intoxication: This defence is available when an accused person is so intoxicated that they are unable to form the specific intent required to commit the crime. However, intoxication is not a complete defence to all crimes. For example, and unsurprisingly, it is not a defence to impaired driving.
In addition to these general defences, there are also a number of specific defences that are available for certain types of crimes. For example, there is a defence of provocation for murder, which can reduce the charge to manslaughter.
If you are charged with a crime, it is important to immediately speak to a criminal defence lawyer to discuss your defence options. A lawyer can help you to assess the evidence against you and develop a strong defence strategy.
Here are some additional things to know about criminal defences in Canada:
- The burden of proof is on the Crown prosecutor to prove beyond a reasonable doubt that the accused person is guilty of the crime charged.
- If the accused person raises a defence, the Crown prosecutor must disprove the defence beyond a reasonable doubt.
- The accused person does not have to prove their innocence. They need only raise a reasonable doubt about their guilt.
If you are facing criminal charges, it is important to remember that you have rights. You have the right to a fair trial and the right to be represented by a lawyer. You should also be aware of the different types of criminal defences that may be available to you.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.