LAWS 2302 Lecture Notes - Lecture 8: Serbian Language, Grievous Bodily Harm, Psychological Abuse
3 Mar 2016
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Document Summary
If the crown present a strong enough case the accused may wish to testify (no longer prima facie for the crown, they have to show reasons why they didn"t do it) Perka v the queen- drug smugglers were on their way to alaska from columbia, with between 6 and 7 million dollars" worth of marijuana. On their way, their ship had technical difficulties. They landed on canadian soil for repairs, and hit rocks. The tide went out, and fearing capsize, the captain unloaded all cargo including the marijuana. Bc court ruled with the, but the scc ruled against them. They didn"t technically have to unload the ship. They tried to use necessity, fearing for the capsize of the ship. A substantial amount of evidence is required for necessity.
