ADJ-1 Lecture Notes - Lecture 26: Culpable Homicide, Assault Causing Bodily Harm, Ant-Zen

• School: RCC
• Department: Administration Of Justice
• Course: ADJ-1
• Professor: graham

Document Summary

Requirements: imminent peril facing the accused, no other legal way out, proportionality lesser of the two evils. Someone is stranded on an island and a box of food washes up (they eat it: they would argue necessity as a defence against a theft charge. The above are the three necessary things to be abel to use this defense. Father kills daughter with cerebral policy in order to end her suffering and he attempt to use the above defense. The person threatening the accused must be present during the offence. Accused must believe the threat would be carried out. Accused cannot be party to a conspiracy. Duress defence does not apply to many charges. Accused pleaded duress because of threats to her mother in serbia. Court unfair to convict someone who is essentially not morally guilty. Also a common law defense preserved by section 8 (3) Threat of death or serious bodily harm. Does not include threats of property damage.