CHEM 115 Lecture Notes - Lecture 17: Canlii, Good And Evil, Obiter Dictum
Document Summary
In his reasons, the trial judge was very alive to the problem of the uncertainty that a threat will ever be carried out, versus the certainty that follows from the commission of murder. Jerome hall makes the same point as the trial judge that the threat of harm from a human source is never inevitable given such possibilities as self-defence or rescue (jerome hall, general. Principles of criminal law, 2nd ed (clark, new jersey: lawbook exchange, 2010) at 447-48). To begin, he points out that there is always the off chance that the evil-doer, as he puts it (at p. 447), might change his or her mind on carrying out the threat. Hall also then argues, as i have discussed, that there is always a way to conceivably avoid a threat without taking an innocent life. This scenario is dealt with by several of the judges in howe (at pp.
