Class 6.doc

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22 Mar 2012
Department
Course
Professor
Criminal Law February 27, 2012
Class 6
Defences
What affords accused an acquittal
If accused is able to raise a defence beyond a reasonable doubt, accused gets an
acquittal
Not on accused to prove they did not commit crime
Crown must prove beyond a reasonable doubt
Justifications and excuses
When accused relies on justification as a defence, they are saying they committed
the offence but in law they are justified to do it (speeding)
Excuse – say you did commit offence but give an excuse why you did it
Defence can be raised through inference
How questions are worded to witness by defence attorney is important
Many defences can be raised by defence
Section 17 – duress
Accused’s life must be in imminent danger to argue duress
Person putting you under duress (threatening you) must be present
Duress is common law and is codified
Cant argue duress for treason, murder, piracy, attempted murder, sexual assault,
forcible abduction, hostage taking, robbery, assault with a weapon, assault causing
bodily harm, aggravated assault and arson
Simple assault counts
Queen vs Carker (No 2)
Hibbert vs the Queen
If it can be established that at one point of time, there was a safe avenue of escape
and they did not take it, duress can not be used
Regina vs Ruzic
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