ADPP SESSION 4 EXAM ACTUAL 2025/2026 QUESTIONS AND 100% CORRECT ANSWERS

ADPP SESSION 4 EXAM ACTUAL 2025/2026 QUESTIONS AND 100% CORRECT ANSWERS What are the 2 broad categories of criminal defences? - Answer -1. Common law defences 2. Statutory defences What are the 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 aspasm, 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 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 -- The two fold test Is the Two Fold test Obective or Subjective - 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? - Answer -No. What is the first element to the defence 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 What is the second element to the defence of Necessity - 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? - 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? - Answer - With necessity if there is a break in time from the threat to the