CHEM 115 Lecture Notes - Lecture 12: Criminal Appeal Reports, Continuing Legal Education, Rupert Cross
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First, they will have to decide whether the defence of duress is open to the accused (i. e. , has the crown proven beyond a reasonable doubt that the accused was a principal or co-principal). Unless the crown negates at least one of the requirements of the defence of duress then the accused is excused from liability and is acquitted. That is what the law is (see prof gerry a ferguson & mr justice michael r dambrot, canadian. Criminal jury instructions, 4th ed (vancouver: continuing legal education society of british. Columbia, 2005) vol 2 (loose-leaf update 2015) at paras 8. 20. 3-8. 20. 20). Howe et al (1986), 83 cr app r 28 (ca (eng)) at 33). [138] the trial judge came to the conclusion that murdering an innocent person can never satisfy the proportionality requirement of moral involuntariness. In aravena, in consideration of the common law defence of duress in relation to a party charged with murder, the ontario court of.
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