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DEFENCES: AGE, INSANITY AND AUTOMATISM - Unit 4.13 * There are several ways in which accused persons may try to prevent themselves from being found guilty of a crime, reduce their liability for the alleged offence, or lower their sentence if convicted. When pleading not guilty, they may challenge the evidence on matters of fact - by arguing that they have an alibi for the time of the offence, or that witnesses who have identified them are mistaken. Alternatively, defendants may admit the offence but argue that there is some reason why they should be leniently sentenced - this is an argument that there are mitigating circumstances. Finally, they may raise a substantive defence, such as self defence, duress or necessity. The effect of a substantive defence is usually to assert that although the accused may have committed the AR with MR, there is a legal reason why he/she should not...

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