DEFENCES

Read the cases below and indicate the most appropriate defence. Explain your choice.

1. Holly did not get along with her mother-in-law, Megan. Late one winter evening Holly got up in
the night, climbed into her car, and drove across town to her mother-in-law’s house. Holly shot
Megan while she was asleep in bed. Miraculously Megan lived. Holly has been charged with
attempted murder. Holly does not recall the event although she does remember having a
disturbing dream involving a gun. Holly has a history of sleepwalking.

2. Hailey is being charged with armed robbery for a bank heist that took place on November 16th.
When questioned by the police, however, Hailey indicates that she was having dinner with her
boyfriend, Drew, at Boston Pizza at the approximate time of the robbery. A waiter at the
restaurant remembers seeing them at the restaurant since they are regulars.

3. Owen is at a bar with Michael. Michael is a “heavy drinker” and is making fun of Owen for “not
being able to keep up”. Owen becomes severely drunk. On the way home they stop at Subway
for a snack. Owen becomes very upset when the “sandwich artist” puts mustard on his sub so
Owen grabs a knife and stabs the “sandwich artist”. Owen wanted honey mustard instead of
regular mustard. Owen is charged with aggravated assault.

4. In 2009, Kirsten was charged with 1st degree murder in the stabbing death of her two-timing
boyfriend, Kyle. Kirsten was acquitted of the charges. Five years later, the murder weapon is
discovered under the floorboards of the house she used to live in. Kirsten is again charged with
first-degree murder.

5. Melissa is home alone one night when an intruder breaks into her house. The intruder threatens
Melissa with a knife, but she is quick thinking. She turns out the light, takes out the baseball bat
she keeps behind her bed, and hits the intruder in the knees. She is charged with assault.

6. Jessica has been charged with the murder of her Aunt Molly. A psychiatrist who meets with her
after the incident determines that Jessica suffers from multiple personality disorder. It was in fact
her evil twin personality Alan that murdered Aunt Molly.

7. Aaron walked into a pharmacy one day to do some shopping. His two-year-old Sabina, began to
cry so Aaron placed the aspirin he had in his hand in his pocket while he picked up Sabina.
Aaron was apprehended outside the store and charged with theft under $5000.

8. Kait, Malu, and Nick were sailing in the Caribbean when a storm hit. They became lost at sea.
After 5 days they ran out of food and water and began to contemplate what would happen if they
were not rescued. They decided that it would be better for one of them to die than for all three.
They remembered the movie Alive and realized that there was a way for two of them to live. Kait
suggested they draw straws to decide who should be killed in order to provide food for the others.
Nick lost and after seven more days Kait and Mula consumed their friend. A day later Kait and
Malu were rescued and charged with murder.