CRM 2300 Lecture Notes - Lecture 10: Sentenced, Henry Morgentaler, Actus Reus

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Vajmeh Tabibi

Document Summary

Necessity and duress: two excuses recognized by the courts as defence. Necessity: definition, this defence arises where the accused can avoid some disaster or calamity only by breaking the law, danger posed to the accused would have been far greater than the one from breaking the law. Necessity and murder: three people shipwrecked, 2 adults and a child, ate the child, thought he was dead, found 2-3 days later, sentenced to death, however able to establish defence of necessity, pardoned by queen, served 6 months. In a second trial: he advanced the defence and was acquitted, applied the modified objective test, accused"s beliefs are reasonable in light of the particular circumstances facing the accused and their perception of the circumstance, 3 elements a. Application of modified objective test: nelson (2007, charged with break and enter and mischief, on several occasion, nelson fasts for long period of time, after fasting for. If you have the foreseeability then you cannot use it.