Session 4 ADPP Exam; Questions & Answers
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2 broad categories of criminal defence Answer-Common law defences
Statutory defences
9 common law defences Answer-1. Insanity
2. Automatism
3. Duress
4. Necessity
5. Honest and reasonable mistake of fact
6. Claim of right
7. Provocation
8. Substantial impairment by abnormality of the mind
9. Doli-incapax
What is the defence of Automatism? Answer-Automatism means an act done by the
muscles without any control of the mind, such as a spasm, a reflex action, or a convulsion, or an
act done by someone who is not conscious of what he is doing.
What are some examples of automatism? Answer-- An act done while suffering
concussion
- An act done while sleepwalking
- An assault while spasming
, Session 4 ADPP Exam; Questions & Answers
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What is the defence of Duress? Answer-Threats of immediate death or serious personal
violence so great as to overbear the ordinary power of human resistance should be accepted as
justification for acts that would otherwise be criminal.
To whom does the burden of proof lie, when proving the accused actions were involuntary by
virtue of threat? Answer-It is the responsibility of the crown to eliminate the possibility
that the accused actions were involuntary by virtue of threat.
What test is applied to the defence of Duress? Answer-Two fold test
Is the Two Fold test Obective or Subjective Answer-Subjective and objective test
Subjective: Did the Accused commit the act due to a threat of death/serious harm to himself or
someone else?
Objective: Would a reasonable person gield to threat?
ONUS LIES ON PROSECUTION TO ELEIMINATE THE DEFENCE - BEYOND REASONABLE DOUBT.
Is the defence of duress available in relation to the charge of murder? Answer-No.
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Elements to the defense of Necessity? Answer-1. AVOID IRREPARABLE EVIL - The criminal
act or acts must have been done only in order to avoid certain consequences which would have
inflicted irreparable evil upon the accused or upon others whom he was bound to protect
2. IMMINENT PERIL - The accused must honestly believe on reasonable grounds that he was
placed in a situation of imminent peril (subjective and objective test applies)
3. PROPORTION - The acts done to avoid the imminent peril must not be out of proportion to
the peril to be avoided (objective test applies)
What is the key difference between Necessity and Duress? Answer-With necessity if
there is a break in time from the threat to the execution of the offence the defence can not
succeed, however with duress the threat can be of a continuing nature and a time interval is
allowable.
Explain the defense of Honest and Reasonable mistake of fact. Answer-In a state of facts,
if they existed would make the defendants actions innocent, affords an excuse for doing what
would otherwise be an offence.
In other words: the defendant accepts the charge, however he relies upon a set of facts, that if
true, would exculpate the defendant from the actus reus of the defence.
Can the defence of Honest and Reasonable mistake of fact be used, in relation to a mistake of
law? Answer-No.
, Session 4 ADPP Exam; Questions & Answers
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Explain the defence of Claim of Right Answer-A person is not criminally responsible, as
for an offence relating to property, for an act done or omitted to be done by him with respect to
any property in the exercise of an honest claim of right and without intention to defraud.
Three broad categories for statutory defenses? Answer-1. Concept defences
2. Offence specific offences
3. Proof by exception
Concept defense Answer-These defences relate to a concept of public policy settled upon
over years of Common Law decisions, for example 'Self Defence' and 'Intoxication'.
These now codified defences also relate to an array of offences.
For Self Defence it would be all violence offences.
For Intoxication it would be for specific intent type of offences.
Offence Specific defenses Answer-These defences are where the Parliament formulates
offence in the legislation and include in that particular offence a 'built in' defence.
"built in defence in legislation"
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2 broad categories of criminal defence Answer-Common law defences
Statutory defences
9 common law defences Answer-1. Insanity
2. Automatism
3. Duress
4. Necessity
5. Honest and reasonable mistake of fact
6. Claim of right
7. Provocation
8. Substantial impairment by abnormality of the mind
9. Doli-incapax
What is the defence of Automatism? Answer-Automatism means an act done by the
muscles without any control of the mind, such as a spasm, a reflex action, or a convulsion, or an
act done by someone who is not conscious of what he is doing.
What are some examples of automatism? Answer-- An act done while suffering
concussion
- An act done while sleepwalking
- An assault while spasming
, Session 4 ADPP Exam; Questions & Answers
100% Solved
What is the defence of Duress? Answer-Threats of immediate death or serious personal
violence so great as to overbear the ordinary power of human resistance should be accepted as
justification for acts that would otherwise be criminal.
To whom does the burden of proof lie, when proving the accused actions were involuntary by
virtue of threat? Answer-It is the responsibility of the crown to eliminate the possibility
that the accused actions were involuntary by virtue of threat.
What test is applied to the defence of Duress? Answer-Two fold test
Is the Two Fold test Obective or Subjective Answer-Subjective and objective test
Subjective: Did the Accused commit the act due to a threat of death/serious harm to himself or
someone else?
Objective: Would a reasonable person gield to threat?
ONUS LIES ON PROSECUTION TO ELEIMINATE THE DEFENCE - BEYOND REASONABLE DOUBT.
Is the defence of duress available in relation to the charge of murder? Answer-No.
, Session 4 ADPP Exam; Questions & Answers
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Elements to the defense of Necessity? Answer-1. AVOID IRREPARABLE EVIL - The criminal
act or acts must have been done only in order to avoid certain consequences which would have
inflicted irreparable evil upon the accused or upon others whom he was bound to protect
2. IMMINENT PERIL - The accused must honestly believe on reasonable grounds that he was
placed in a situation of imminent peril (subjective and objective test applies)
3. PROPORTION - The acts done to avoid the imminent peril must not be out of proportion to
the peril to be avoided (objective test applies)
What is the key difference between Necessity and Duress? Answer-With necessity if
there is a break in time from the threat to the execution of the offence the defence can not
succeed, however with duress the threat can be of a continuing nature and a time interval is
allowable.
Explain the defense of Honest and Reasonable mistake of fact. Answer-In a state of facts,
if they existed would make the defendants actions innocent, affords an excuse for doing what
would otherwise be an offence.
In other words: the defendant accepts the charge, however he relies upon a set of facts, that if
true, would exculpate the defendant from the actus reus of the defence.
Can the defence of Honest and Reasonable mistake of fact be used, in relation to a mistake of
law? Answer-No.
, Session 4 ADPP Exam; Questions & Answers
100% Solved
Explain the defence of Claim of Right Answer-A person is not criminally responsible, as
for an offence relating to property, for an act done or omitted to be done by him with respect to
any property in the exercise of an honest claim of right and without intention to defraud.
Three broad categories for statutory defenses? Answer-1. Concept defences
2. Offence specific offences
3. Proof by exception
Concept defense Answer-These defences relate to a concept of public policy settled upon
over years of Common Law decisions, for example 'Self Defence' and 'Intoxication'.
These now codified defences also relate to an array of offences.
For Self Defence it would be all violence offences.
For Intoxication it would be for specific intent type of offences.
Offence Specific defenses Answer-These defences are where the Parliament formulates
offence in the legislation and include in that particular offence a 'built in' defence.
"built in defence in legislation"
