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ADPP Session 4 Exam Questions With 100% Correct Answers 2024
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ADPP Session 4 Exam Questions With 100% Correct Answers
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ADPP Session 4 Exam Questions With100% Correct Answers
What are the 2 broad categories of criminal defences? - Correct
Answer-1. Common law defences
2. Statutory defences
What are the 9 common law defences? - Correct 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? - Correct 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? - Correct Answer-- An act
done while suffering concussion
- An act done while sleepwalking
,-An assault while spasming
What is the defence of Duress? - Correct 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? - Correct 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? - Correct Answer-- The
two fold test
Is the Two Fold test Obective or Subjective - Correct Answer-Both.
First - Subjective, did the accused commit the act complained of
because of a threat of death or really serious harm would be
occasioned to him or a person known to him.
Second - Objective, would a reasonable person laboring under that
threat yield to that threat as the accused did.
Is the defence of duress available in relation to the charge of murder?
- Correct Answer-No.
, What is the first element to the defence of Necessity? - Correct
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
What is the second element to the defence of Necessity - Correct
Answer-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)
What is the third element to the defence of Necessity? - Correct
Answer-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? - Correct
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 defence of Honest and Reasonable mistake o fact. -
Correct 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.
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