CRM 2300 Lecture Notes - Lecture 15: Calgary International Airport, Bodily Harm
23 Apr 2016
School
Department
Course
Professor
Document Summary
Definition: this defense is raised where the accused has committed an offence under the threat of death or serious bodily harm by another person. Duress and necessity are very similar because their rationality are the same. External factor in the defense of necessity is not usually a person but rather other factors. With duress the threat is coming from another human being (bodily harm or death) In a moral sense the accused acted involuntary. There is a moral blameworthiness however, but the act was involuntary. Scc: both defenses of necessity and duress share many similarities hence they can be understood based on the same juristic principle. Whoever raises the defense must prove holds the evidentiary burden of proof. Section 17 and the statutory defense of duress. Section 17 of the ccc stipulates the following about the defense of duress: The threat made against the accused must be of immediate death or bodily harm.
