CRMN 2010U Lecture Notes - Lecture 20: Archenemy, Arson
18 Apr 2018
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Andrew breaks into a house of his archnemesis bob. Andrew grabs polly, draws a gun at her and orders john to kill. John carries out the order and bob dies. Rationale: accused had no choice, moral involuntariness of an action that is forced by a threat; it is unjust to punish those who have not acted in a truly voluntary manner. (1) common law defence (criteria outlined in judicial decisions) (2) codified - s. 17 of the criminal code: 17 of the criminal code: Applies to a person who actually commits the offence (principal offender) The accused was under threat of immediate death/bodily harm from another person who was present at the scene. The accused believed that the threats will be carried out. The accused cannot benefit from the defence of duress in case of: (1) conspiracy or criminal organization; (2) 22 listed offences: 17 duress: the case of ruzic.
