CJS 211 Lecture Notes - Lecture 15: Arson
8 Dec 2020
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Accused was called up by two co-accused, simard and clermont - drive us to the pop. Shoppe, we"re going to rob it - if you don"t we"ll kill you, if you don"t wait for us we"ll kill you - had a gun to threaten with. Drove them to the pop shoppe, simard shot and killed an innocent bystander. Evidence of accused"s reluctance, evidence he was forced - drove them there, took off, drove around the block, co-accused tried three times to get into his car - he resisted. Convicted, set aside acquittal because of dunbar case (appeal felt bound by this case) If s. 17 defence doesn"t apply, then the common law defence of duress must apply. S. 21(2) is only applicable if it"s established that the appellant, in common with simard and. Looks at uk case - duress should apply. Generally, there"s no defence to a charge of murder; you have to die yourself rather than kill an innocent person.
