LS202 Lecture Notes - Lecture 20: Actus Reus, Crime Scene Getaway, Abet
23 Feb 2017
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Document Summary
The victims of necessity or duress are third parties. Applies when somebody can only avoid disaster by breaking the law. The evil that they committed was less serious than the evil they would be facing if they broke the law. I did something wrong but it"s not that wrong, excuse. Didn"t have the actus reus to commit the crime. Traffic violations, had to run the red light due to a child dying because of an allergy. In very rare situations may apply in serious crimes but placed strong limits on use. Perka: charged with importing and possessing drugs for trafficking, arrested in. Latimer: further refined the elements of the necessity defence, only voluntary actions can be used in this defence. Imminent danger would make them have no other choice to break the law (follows modified objective test) No reasonable alternative but to break the law, also follows modified objective test.
