POLSCI 3NN6 Lecture Notes - Lecture 14: Grammatical Person, Homicide, Suspended Sentence
28 Oct 2016
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Lacking intention to commit the act because the intention was caused by a threat/coercion. Have the intention, but threat/coercion drives it. Objective immediate threat of death or harm, and belief that it"ll be carried out. Available for most crimes, but in the case of murder or attempted murder or some forms of treason it is not. Not criminally responsible for your actions ncr. Reason of a mental illness that renders an accused person incapable of forming an intention. Must show that they were operating without any mental acquity. Similar to someone being in a state of mental illness. Eg. can"t claim a consenting fight was assault. Cannot consent to death, sexual assault, kidnapping under 14, person consenting only consented under threat, or fell beyond expectations of what was intended: person has to be able to consent. Cannot be: minor, suffering from mental impairment: have to, by either words or conduct, actually consent, consent can be limited and withdrawn.
