The fifth edition of Criminal Law Defences fully updates this classic work. Pat Knoll, Q.C., is a professor emeritus of criminal law at the Faculty of Law, University of Calgary. He was formerly a senior Crown Prosecutor and for a decade, Chair of the Alberta Law Enforcement Review Board. Knoll is joined by co-author Lisa Silver, who is an Assistant Professor at the University of Calgary, Faculty of Law, where she teaches criminal law and evidence and is the course director of the Faculty advocacy program. Lisa maintains her own award-winning law blog. Prior to being on the faculty, Lisa was a criminal defence lawyer appearing in all levels of court.
The fifth edition includes numerous substantive changes to the law since the last edition. It provides new and revised commentary on a broad range of issues relating to the law of defences based on recent case authority and statutory amendments. Notably, the 5th Edition offers revised commentary and updated case information on the justifications of defence of the person and property, the excuses of accident, intoxication and provocation, and the meaning of consent. Additionally, the 5th Edition includes emerging defences such as delirium tremens, transient global amnesia, dementia, fetal alcohol syndrome, panic attack defence, post-traumatic stress disorder, prison environment syndrome, reflex action, sexsomnia as a form of parasomnia, suicide pact and superhero syndrome.
The authors have substantially updated the content. Changes were made to the table of contents which reflect new and developing areas in this area of law. Numerous topics have been added to the Table of contents. Under Procedural Defences, the Res Judicata heading added a new topic Multiple Convictions-Criminal Code. Under Other Defences, numerous topics have been added under Miscellaneous such as Battered Spouse Syndrome, Delirium Tremens, Dementia, Fetal Alcohol Syndrome, Infanticide, Medical Assistance in Dying, Panic Attack Defence, Post Traumatic Stress disorder, Prison Environment Syndrome Reasonable Excuse, Sexsomnia, Superhero Syndrome, and Transient Global Amnesia
Cases:
- R. v. McIntyre (2019), [2019] C.M.A.J. 3 (Ct. Mar. App. Ct.) leave to appeal to S.C.C. refused 2020 CarswellNat 21 (S.C.C.). considers the defence of Mistake or ignorance of fact
- R. v. Charlie (2020), 2020 CarswellBC 163 (BCCA) the defence of intoxication
- R. v. Strang (2020), 2020 CarswellNS 9 (NSSC) the reasonable excuse defense
- R. v. Goldfinch (2019), 380 C.C.C. (3d) 1 (S.C.C.) - s. 276 of the Criminal Code and the admission of a complainants prior sexual history).
- R. v. Jarvis (2019), 375 C.C.C. (3d) 324 (S.C. C.) - public good defense
- R. v. George (2017), 2017 SCC 38 (S.C.C.) reasonableness of belief
- R. v. Ahmad (2018), 362 C.C.C. (3d) 36 (Ont. C. A.) lve to appeal to SCC 2019 CarswellOnt 294 random virtue testing
- R. v. R.V. (2019), 379 C.C.C. (3d) 219 (Ont. C.A. .), leave to appeal to SCC filed October 25, 2019 (excellent overview of the case authorities and the principles engaged by inconsistent verdicts).
