Forms of Defence
Established in Case Law
• automatism
• mistake of fact
• mistake of law
Automatism: (AKA Non-insane automatism) A defence
based on a claim that one's actions were made while
their mind was dissociated from their body. Requires
Reverse Burden of Proof, as the defendant has the
evidential responsibility to prove automatism.
Examples:
sleepwalking
pneumonia
stroke
hypoglycaemia
psychological shock / trauma
concussion
reflex actions
Acid Test: Did one’s body commit the offence
independent of their mind.
Delay in Lees decision
Last Updated Fri, 28 May 1999 16:59:39 EDT CBC News
VANCOUVER - A ruling by Canada's Supreme Court has caused a delay in
the case against Victoria realtor Patrick Lees. A judge was to rule on the
second-degree murder case today but she now says that a ruling by
Canada's top court this week means she wants to re-consider her decision.
Patrick Lees had pleaded not guilty to the murder of his wife Laurie. She
was found strangled in her Saanich home in January 1998. One of the key
arguments in Lees defense was that he was in a state of automatism when
attacking his wife. He said his wife had threatened to accuse him of
molesting their daughter if he did not give her what she wanted in a
divorce.
Lees's lawyer argued that his clients body and mind were somehow
disconnected at the time of the attack and the slaying was involuntary.
The circumstances are similar to the case of Bert Stone. He's a B.C. man
who also used the automatism defense in the stabbing death of his wife.
His lawyer had argued Stone entered the disassociated state after his wife
had berated him.
Earlier this week the Supreme Court of Canada upheld Stone's seven-year
sentence. The court said there needed to be more evidence of the
disassociated state before it could be considered a defense.
Now the B.C. Supreme Court will hear more arguments on the Lees case in
light of the Stone ruling. The case will be back in court next Tuesday.
Copyright ©2005 Canadian Broadcasting Corporation - All Rights Reserved
Patrick Lees found guilty
Last Updated Tue, 01 Jun 1999 20:52:56 EDT CBC News
VANCOUVER - There were tears of joy in a Victoria courtroom
today as Patrick Lees was found guilty of murdering his wife,
Laurie. The well known realtor from Saanich was sentenced to life
in prison with no chance of parole for 10 years.
In finding Lees guilty of second degree murder, Madam Justice
Geena Keeano referred to last week's ruling by the Supreme Court
of Canada on the so-called "automatism defense." Lees had argued
he was provoked into killing his wife after she threatened to accuse
him of molesting their four-year-old daughter. Lees said he couldn't
remember strangling her with his belt. He testified his mind didn't
know what his body was doing.
The judge said Lees failed to meet the new rigid guidelines for the
automatism defense, established by the high court. Laurie's
mother, Barb, says a huge burden has been lifted from her family.
With the trial over, Laurie Lee's family will begin to focus on raising
her two children, a five year old girl and a three year old boy,
who've already been told their mother was murdered and now, that
their father will spend at least the next ten years in jail for killing
her.
Copyright ©2005 Canadian Broadcasting Corporation - All Rights Reserved
Mistake of Fact: A defence based on a claim that one
committed the offence because they mistook a critical
fact.
Example:
Serving alcohol to a minor who provided fake ID
Acid Test: Would the person have not committed the
offence if they had known the true fact.
Mistake of age
150 (4) It is not a defence to a charge under section 151 or 152,
subsection 160(3) or 173(2), or section 271, 272 or 273 that the
accused believed that the complainant was fourteen years of age
or more at the time the offence is alleged to have been committed
unless the accused took all reasonable steps to ascertain the age
of the complainant.
Mistake of Law: A defence based on a claim that one
committed the offence because they did not know that
their action was against the law. This is an exception to
Section 19 of the Criminal Code (Ignorance of the law is
not an excuse).
Colour of Right: An honestly held belief in
entitlement to property. (Generally a defence to a
charge of theft.)
Example: Entering a family property without
knowing that it had been sold to another family.
Officially Induced: The accused was lead to believe
that the act was not an offence by a representative
of the state.
Example: Ministry of Transport informed one that
they could drive with an expired license.