Arsh Samra Law | Criminal & Family Law Lawyer | Vancouver BC
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Surrey criminal Defence Services

Surrey Criminal Defence Lawyer

 

WHAT IS A DEFENCE?

A defence is any answer which defeats the charge on the facts, or any means or argument on the law which has the same result.

Some defences are considered complete defences to a particular offence, these include defences such as alibi, necessity, duress and metnal disorder defences. While other defences are considered only a partial defence to an offence charged, such as the colour of right, provocation, intoxication, and infanticide.

A defence sometimes has to be raised (called an affirmative defence), and some defences are only available for certain offences.

CATEGORIES OF DEFENCES

Generally defences can be categorized into several categories:

  • Exemptions
  • Justifications
  • Excuses
  • Procedural Defences
  • Other Defences

Exemptions

  • Conjugal Unity
  • De Minimis Non Curat Lex
  • Immunity
  • Mental Disorder

Justifications

  • Defence of Property
  • Obedience to Superior Orders
  • Protection of Persons Administering and Enforcing the Law
  • Protection of Persons in Authority
  • Public Good and Obscenity
  • Self-Defence and Defence of Others

Excuses

  • Accident
  • Automatism
  • Colour of Right and Lack of Fraudulent Intent
  • Duress
  • Intoxication
  • Mistake of Fact and Law
  • Necessity
  • Prank
  • Provocation

Procedural Defences

  • Abuse of Process
  • Charter of Rights
  • Entrapment
  • Lack of Official Consent
  • Multiple Conspiracies
  • Res Judicata
  • Time Limitations

Other Defences

  • Alibi
  • Consent
  • Defences to Attempt Offences
  • Defence of Corporation
  • Defences to Drug Offences
  • Defences to Planned and Deliberate Murder
  • Defences for Parties
  • Defences to Provincial Offences
  • Failure to Prove Essential Elements
  • Innocent Finder of Lost or Abandoned Property
  • Miscellaneous
  • Reasonable Explanation
  • Ultra Vires Legislation