PUB2 111 Lecture Notes - Lecture 11: Actus Reus, Illegal Drug Trade, Mens Rea

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Hibbert is a good way to end because it comes back to these things. The issue of duress allows us to come full circle. It has the themes of: free will, choice, voluntariness, mens rea, participation. We don"t want to extend morally innocent people who are acting involuntarily in a moral sense. Either we will say that we understand what they did and we excuse it or in the case of self-defence, it is less of an issue of voluntariness, it is not only an excuse but it is justified. In the end, it doesn"t amount to an accused person by to an acquittal. Provocation only a reduced finding of guilt in the context of murder. These defences can be interesting for the defence because someone might be acquitted. The law on self-defence changed (like the law on provocation). The law on duress (s. 17) is the same and it is an application of code + cml.

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