CRIM 230 Lecture Notes - Lecture 11: Loan Shark, Allen Case, Mens Rea
17 Dec 2016
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Necessity usually refers to external circumstances (beyond the accused"s control), where the accused has no choice but to break the law to survive. Duress deals with the situation where it is a person who is directing the accused to break the law or risk harm to him/herself or others. (individual forces you) : forced to participate in a robbery at gunpoint. Duress has both a common law and a legislative form. 2014)), agg. assault, unlawfully causing bodily harm, arson was unconsitituional in allen case. In canada, accused persons are able to rely on both statutory defences and common law defences that have historically been open to accused persons. In some cases, there are both common law and statutory defences: duress is one of those situations. It is open to accused persons to rely first on the statutory defence, then if the statutory defence is too narrow, can also turn to the common law defence. (ruzic, 2001: v. ruzic.
