CRIM 230 Lecture 13: CRIM 230 Lecture – Dec 3rd
8 Dec 2016
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Document Summary
The legal nature of the defence of necessity. Rationale: moral involuntariness do not punish those who have no real. Applies only when the harm to be avoided is greater than the harm. Underlying principle moral or normative involuntariness (cid:498)evil(cid:499) to be avoided must be greater than the harm caused by breaking the. The accused had no realistic choice law. In this case the weakest, the youngest, and most unresisting, was chosen. The answer must be (cid:498)no(cid:499) so spake the fiend, and with necessity, the tyrant"s plea, Section 17 prevented ruzic from claiming duress because the common law defence should be applied. threats were not of immediate death or bodily harm and the threatener was not present at the airport. Scc ruled that the restrictions on duress imposed by section 17 were in violation of section 7 of the charter and were not justified under section 1 of the charter.
