Chapter 8

Lecture 2: Defences

Reaching a Verdict

Defences

Automatism

Consent

Defences

Intoxication Mental disorder

Excusable conduct

Legal duty

Self-defence

EntrapmentMistake of Fact

Double Jeopardy

Reaching a Verdict Verdict – Decision

Whether the accused is guilty

Culmination of the trial process

Summation: Summary of the key

arguments / evidence made by each side

Crown usually closes first No new evidence is

presented

Video (Russell Williams)

The Charge to the Jury

The Charge to the Jury Judge reviews facts and

defines and explains the law applying to the case

Intent – must have been proven

Beyond reasonable doubt

Weighting of evidence Charge may be

challenged by either side

Jury Deliberation To determine the facts of the

case Jurors must rely on their

memory (unless note-taking was permitted)

Jury may ask for certain evidence of laws to be reviewed

1. Discard any evidence that they do not believe

2. Determine the weight that they are going to give the remaining evidence

3. Apply reasonable doubtMust acquit if there is doubt – give the Accused the benefit of the doubt

Hung Jury

When the jury cannot reach a unanimous decision

Judge asks them to deliberate further

If jury still does not reach a unanimous decision and the Judge is satisfied Judge declares a ‘hung

jury’ Jury is dismissed New trial

Verdict Presented to the court by the jury

foreperson

Crown and defence can ask jury to be polled

Jury instructed never to disclose information presented during the trial

Jury discharged

Acquitted – Defendant can leave

Guilty - Sentencing Jury may only make sentencing

recommendations on a conviction of 2nd degree murder

Chapter 9

From Sentencing to Release

Sentencing - Considerations

Charter

Defence submission

Pre-sentencereport

Accused Criminal Record

Plea bargain

Public Opinion

Pre-trialcustody

Guilty plea

precedents

Sentencingprinciples

Criminal Code

Parole Rules

Victim impactstatements

Penitentiary/reformatory

crownCommunityWill of

Parliament

Conditional Sentences&Long-termOffenderlabel

Purpose and Principles of Sentencing

1995, Criminal Code amended, giving judges some direction in sentencing

Appropriate sentencing promotes respect for the law and the maintenance of a just, peaceful, and safe society

Historically 4 goals when punishing offenders1. Deterrence2. Rehabilitation3. Retribution4. Segregation

Deterrence

Section 718 CC

Sentencing should deter people from breaking the law

Reflects society’s intolerance of lawbreaking

Rehabilitation

Rehabilitation / resocialization

Career / job counselling and training

Supervised parole Councelling (drug…) Intended to reduce

recidivism

Retribution

Not a sentencing objective (Criminal Code)

Sentence to reflect the moral culpability of the offender…intentional risk-taking of the offender…. to consequential harm caused by the offender…

Segregation

To separate offenders from society Protect us from them Incarceration