CRIM 230 Lecture 11: CRIM 230 7/24/17
23 Jul 2017
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Crim 230 - lecture 11 - necessity and duress: 2 excuses recognized as defences. Unit 11 examines necessity & duress, which may be raised as defences to a criminal charge. Underlying rationale for these defences rests on notion that accused persons should be absolved of criminal responsibility if they did not act voluntarily in circumstances. Chapter examines basic elements of defences of necessity & duress. Defences are both considered to be excuses. Based on underlying rationale that it would be unjust & inhumane to convict person of crime when he/she was acting involuntarily from moral/normative pov. Set out by reference to perka & latimer cases. Accused seeking to advance defence must show that. Situation was one of clear & imminent peril. He/she had no reasonable legal alternative to breaking law. There is degree of proportionality b/w offence committed & evil that accused sought to avoid.
