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Read each of the scenarios to determine which defence would best suit the crime.

Defences: Accident | Sudden Provocation | Self-Defence | Alibi | de minimis | Necessity | Entrapment | Double Jeopardy | Not Criminally Responsible

1
Mark and Mary went out hunting in the dense woods. They ventured down separate paths to increase the likelihood of being successful. Mary heard what she believed to be a deer in the trees – she watched and waited for several moments. When the deer began to move slightly behind the trees, she fired her rifle. When she went to retrieve her prey, she was mortified to learn that she had not shot a deer, she had shot Mark in the chest. She was subsequently faced a criminal charge in his death.
2
Lucy worked two jobs to make ends meet. One evening she decided to leave work before closing time so that she could come home early to surprise her husband, Luke. They had been happily married for 15 years. Lucy arrived home at about 11 pm and called out to Luke. When he didn’t respond, she ran upstairs to the bedroom. She heard some noise on her way up the stairs – she assumed it was the television in the bedroom. As she entered the bedroom, she witnessed Luke in bed engaging in sexual relations with her own sister, Laila. Shocked and dismayed, Lucy immediately ran to the bedside table where she grabbed her handgun and proceeded to shoot and kill Luke. Still in shock, she then collapsed on the floor – while Laila made a quick getaway. Lucy was charged with the first degree murder of Luke.
3
Gulliver was in his home on a Sunday afternoon when a large man burst into the front door of his home. The man was wearing a ski mask and he was holding a shotgun. The gunman entered and immediately began yelling that he would kill Gulliver and his family if Gulliver did not cooperate. Gulliver’s three young children were playing in the adjacent family room and instantly began to scream and cry. As the intruder turned his back to enter the family room, Gulliver grabbed a knife that was hidden under the sofa pillow and he stabbed the intruder in the back. The intruder fell to the ground and later died in hospital. Gulliver was charged with his death.
4
One evening, Lacey opened her front door to the police who advised her that she was being charged with causing a disturbance at a politically motivated student protest that had taken place the previous Saturday night. Lacey was confused because she had been visiting relatives in Edmonton on the evening in question. She had witnesses in Edmonton and had a plane ticket to prove that she was indeed there.
5
Leo was on his way to work when he came upon a newspaper box. As he had often done in the past, he kicked the door of the box with his foot, and it popped open. He helped himself to a free newspaper (approximate value: $1.00). A police officer happened to be standing a few feet away (out of Leo’s view) and he charged Leo for the theft of the newspaper.
6
Drake entered a soccer stadium and began shooting at spectators, killing 14 and injuring 40. Drake was apprehended and he advised the police that he committed the crime because the devil advised him to do so. He said that the devil speaks to him on a regular basis and that he had promised the devil that he would commit this crime, because he is a man of his word. He also said that if he had the chance, he would do it again.
7
Mary and Marcus decided to take a relaxing Sunday afternoon drive in the country. During the drive in the rural area, Mary suffered what appeared to be a seizure in the car. He did his best to help her, but she soon appeared to be unconscious and not breathing. Marcus drove to the first house he could find to call for help. He banged on the door – there was no response. In desperation, Marcus kicked open the door (breaking the door, an adjacent window, and the lock), entered and used the phone to call for medical assistance. The property owner returned home as Marcus was leaving and called the police, who subsequently charged him with Break and Enter.
8
Mary liked to hang out downtown in an area frequented by drug users. She used drugs on a regular basis, making her weekly purchase from local drug dealers. One day a man named Colin approached her and asked her if he could buy some drugs from her. Mary explained that she didn’t sell drugs; she used them. The next day, Colin approached Mary again, and again she said she did not sell drugs. Colin approached her several more times over the next three weeks – eventually Mary grew tired of Colin’s intrusions and she relented. Colin disclosed his drug of choice and Mary attained it on his behalf. While paying her for the drugs, Mary was charged with drug trafficking. She soon learned that Colin was an undercover police officer.
9
Margaret was tried for the murder of her husband, Morgan, when it was determined that his “accidental death” was in fact a premeditated murder. It was alleged that Morgan had been poisoned with cyanide at the hands of Margaret. After hearing all the facts, a jury acquitted Margaret. The jury said that the Crown Attorney was unable to prove that Margaret committed the crime beyond a reasonable doubt. Six months after the acquittal new evidence surfaced which indicated that Margaret had ordered cyanide from an online company three weeks prior to Morgan’s death. Sure that they could get a conviction this time, the Crown’s office charged Margaret with Morgan’s death.







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