CRM 200 Lecture Notes - Homeless Shelter, Mens Rea
15 Apr 2014
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She was always in that condition, he was just tired and depressed. There was no imminent peril or danger, there was no proportionality. Reasonable legal alternatives - was there a church nearby? a mall? was he tired? etc. He already went to two homeless shelter and was turned away. Strong case for him, but do have to look at the circumstances. Same rationale of necessity of defence with morally involuntary. Generally arises in cases of external threat. Accused is generally claiming that his or her willpower was overpowered by someone else - the danger comes from another person. Could only be raised where the threat is an immediate death or bodily harm, and the person who is making the threat is physically there when the threat is being made. The immediacy and present requirements can have a very harsh effect when it comes to this section.
