Professor Sankoff's Guide Criminal Defences

CDE Publishing is excited to introduce a book that will help legal professionals understand the complex world of justifications, excuses and other forms of defence. Introducing Professor Sankoff’s Guide to Criminal Defences – a comprehensive resource written by Professor Peter Sankoff. Within the pages of this carefully crafted resource, you’ll learn everything you need to know about the defences relied upon to avoid convictions in criminal cases. From self-defence to necessity, alibi to mental disorder, Professor Sankoff provides clear explanations and practical insights that will enhance your understanding & application of these concepts.

The book opens by looking at the role defences play in the criminal justice system, what it means to “raise a defence”, the origin of defences, and a look at the conceptual underpinnings of justifications and excuses. After examining the burden of proof, Professor Sankoff analyzes the most significant “non-defence” defences, including mistake, accident, consent and alibi. From there, he addresses a variety of procedural defences, before turning to chapters on mental disorder, automatism and intoxication. The book finishes with detailed coverage of general defences like defence of person and duress, and qualified defences such as provocation.

Read an excerpt:

Whether you’re a seasoned lawyer looking to learn more, a judge in search of reliable guidance or a recent law graduate entering the courtroom, Professor Sankoff’s Guide to Criminal Defences is an invaluable companion. It equips you with the tools and strategies needed to advocate for clients effectively and understand the complexities in this area.

Table of Content

Chapter 1 – The Role Played by Defences

(a) Structuring Defences in Canadian Law
(b) What Does it Mean to “Raise a Defence”?
(c) The Origin of Defences
(d) Justifications and Excuses
(e) The Future of Defences

Chapter 2 – The Burden of Establishing Defences

(a) The Burden of Proof: Generally

(b) Reversing the Burden

(c) The Evidential Burden: The “Air of Reality” Test

Chapter 3 – Non-Defence “Defences”

(a) Mistake of Fact

(b) Accident

(c) Alibi

(d) Lawful or Reasonable Excuse

Chapter 4 – Procedural Defences and the Special Pleas

(a) Abuse of Process

(b) Entrapment

(c) Officially Induced Error

(d) The Special Pleas

(e) Issue Estoppel

(f) Retroactivity

Chapter 5 – Mental Disorder and Automatism

(a) Not Criminally Responsible because of Mental Disorder: Origins

(b) Disease of the Mind

(c) Appreciate Nature and Consequences

(d) Legally and Morally Wrong

(e) Irresistible Impulses

(f) The Automatism Defence

(g) Distinguishing Automatism from Mental Disorder

(h) Burden of Proof

(i) Fitness to Stand Trial

Chapter 6 – Intoxication

(a) Intoxication and General Principles of Liability

(b) Involuntary Intoxication

(c) Intoxication and Mental Disorder

(d) Specific Intent Crimes

(e) General Intent Crimes and the Law of Intoxication

(f) Extreme Intoxication

Chapter 7 – General Defences

(a) Duress

(b) Necessity

(c) Defence of Person

(d) Defence of Property

(e) Authorized by Law

(f) Due Diligence

(g) De Minimis

Chapter 8 –Limited and Qualified Defences

(a) Colour of Right

(b) Correction of Child

(c) Provocation

(d) Infanticide

(e) Unrecognized Qualified Defences

Professor Sankoff’s Guides Book Package

Get the whole package for only $130 (reg.$150)
Professor Sankoff’s Guide to Criminal Defences & Professor Sankoff’s Guide to Persuasive Legal Writing, printed copies.
+GST & $17 shipping, price at checkout includes shipping costs)

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