Religious Studies 1023E Lecture Notes - Lecture 11: Culpable Homicide, Assault Causing Bodily Harm, Ant-Zen

• School: Western University
• Department: Religious Studies
• Course: Religious Studies 1023E
• Professor: Jonathan Geen

Document Summary

Law is giving the accused a break. Necessity: circumstances made me do it. Duress: they made me do it. Provocation: they/he/she made me do it by provoking me. Self defence: they/he/she made me do it by attacking me. Not in code c/l defence preserved by s. 8(3: proportionality lesser of 2 evils. Imminent peril facing accused: no other legal way out. Necessity based on the facts as you believe them to be. Physical peril usually, can be other peril. Also c/l defence preserved by s. 8(3: threat of death or bodily harm, threat reasonably believed, no other legal way out, threat &harm close in time, proportionality between threat &crime, not part of conspiracy. Only applies to murder: murder=fixed penalty (life imprisonment) 232. (1) culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.