General Defences info: Defences Some negate an element of the offence (mostly MR) ie mistake of fact. Others act as a justification or an excuse for an offence even though Trial proves all elements of offence ie duress. Other defense categorizations/classifications: Whether the defense is a COMMON LAW (ie. Necessity) or STATUTORY (ie self defense, listed in CC) defense (remember: common law offences have been abolished except for contempt of court) Burden of proof in defences is not always the same
General Defences info: Defences Some negate an element of the offence (mostly MR) ie mistake of fact. Others act as a justification or an excuse for an offence even though proves all elements of offence ie duress. Other defense categorizations/classifications: Whether the defense is a COMMON LAW (ie. Necessity) or STATUTORY (ie self defense, listed in CC) defense (remember: common law offences have been abolished except for contempt of court) Burden of proof in defences is not always the same Trial