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Lecture 10

Law 2101 Lecture 10: Criminal 4

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Law 2101
Mysty Sybil Clapton

Tuesday, November 1, 2016 Defences ‣ Essentially these look at the human weaknesses in these circumstances ‣ The accused might still have control over the actus rea and mens rea 1. Necessity • Circumstances made me do it • Not in the criminal code - Common law defence preserved by s.8(3) 1) Imminent peril facing accused ๏ Typically the accused but it could be a third party rarely (mainly physical peril) ๏ Non physical perils have very rarely risen 2) No other legal way out ๏ Judge the reasonableness through the eyes of the accused (based on the situation was it reasonable to do what the person did) ๏ Even if you were doing an illegal act during the time, if something comes up and you do it in necessity you can use it as a defence 3) Proportionality — lesser of 2 evils Robert Latimer also argued necessity which didn't work (no imminent peril, lots of • other legal ways out, and was not the lesser of 2 evils) Less imminent a peril is, there is more legal ways out • 2. Duress • They made me do it • S17. A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed ids excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is treason, murder, attempted murder, sexual assault, robbery, assault causing bodily harm 1 Tuesday, November 1, 2016 s17 was believed to have supplanted the common law and was the defence of duress, bu
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