LAWS 2302 Lecture Notes - Lecture 3: Mens Rea, Sexual Assault, 18 Months
3 Dec 2018
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7:08 pm: when looking for a defence we are looking for justification and excuses, certain defenses deal with the mens rea of the person at the time. Justified vs excuse its an excuse when there was other options. Its for the defense to raise a defense. It is happening right now or going to happen: the present making the threat has to be present when the crime is being committed. The bad guys wanted him to mess with his pipelines saying that if he didn"t they would stab him: r. v. H(the appellant ) b (the shooter: r. v. Self-defense: section 34, you can only use as much force as necessary to reply the attacker, the self defense is applicable for property (i. e car, home, place of business) J and h get into a fight in the bar, but it broken up and they decide to take it outside. It went to the court of appeal and they reversed it.
