General defence in criminal law section with case law


Section 76 to 106 of a legal system can vary depending on the jurisdiction. Since you haven’t specified a particular jurisdiction, I will provide you with a general understanding of these sections, along with examples of defenses and case law.Sections 76 to 106 generally deal with general exceptions or defenses to criminal liability. These sections outline circumstances where individuals may be exempted from criminal liability or have a valid defense for their actions. These exceptions and defenses are recognized by law to acknowledge that certain conduct may be justified, excused, or otherwise permissible under specific circumstances.It’s important to note that the specific exceptions and defenses can differ significantly between jurisdictions, and the examples provided here may not be applicable in all legal systems. It’s always recommended to consult the specific laws and case law of your jurisdiction for accurate information.Here are a few examples of general exceptions or defenses commonly found in criminal law:Self-defense or defense of others: This defense allows an individual to use reasonable force to protect themselves or others from imminent harm. The level of force used must be proportionate to the threat faced. For instance, if someone attacks you and you use reasonable force to protect yourself, you may invoke self-defense as a defense to a criminal charge.Case law example: In the United States, the landmark case of District of Columbia v. Heller (2008) affirmed an individual’s right to possess firearms for self-defense within the confines of the Second Amendment.Necessity: The defense of necessity arises when an individual is compelled to commit an illegal act to prevent a greater harm or danger. For example, if a person steals food to prevent starvation during a natural disaster, they may invoke the defense of necessity.Case law example: In the English case of R v. Dudley and Stephens (1884), the defendants were shipwrecked and resorted to cannibalism to survive. The court held that necessity did not excuse the killing of another person.Insanity or mental incapacity: This defense asserts that the accused lacked the mental capacity to understand the nature and consequences of their actions or to distinguish right from wrong. If successfully established, the accused may be found not guilty by reason of insanity or may receive a reduced sentence.Case law example: In the United States, the case of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981, invoked the insanity defense. The court found him not guilty by reason of insanity.Duress: Duress occurs when an individual is coerced or threatened with immediate harm to commit a crime. The defense of duress allows the accused to argue that they acted unwillingly and under duress.Case law example: In the Canadian case of R v. Ruzic (2001), the Supreme Court of Canada recognized the defense of duress and held that it applied to all crimes except murder.These examples provide a general overview of some common defenses or exceptions. However, it is crucial to consult the specific laws and case law of your jurisdiction for a comprehensive understanding of general exceptions and defenses.

Tags: , , , , , , , , , , , , , , , , , , , , ,

Leave a Reply

Your email address will not be published. Required fields are marked *