CRIM 230 Lecture Notes - Grievous Bodily Harm
19 Nov 2012
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Completely disproportionate : nelson (bcca, 2007, spiritual cleansing case) and hendricks (sask, ca, 1988, care and control case) create three new caveats to necessity defense: If the peril is foreseeable , likely no necessity: can"t go beyond what is required to escape the peril, accused cannot, himself, create the peril. Duress commit the crime because you, or someone you know is being threatened: the event causing a loss of choice: is a threat (not a circumstance), section 17. Involuntarily as was the case here): thus, the common law rule applies, except we don"t yet know if those involved in a criminal organization or conspiracy or those committing the offences listed will be disqualified. Provocation partial defense, only for a charge or murder, only reduces to manslaughter. From hibbert, cl duress requires: (1) serious threat (2) reasonably believed (3) with a reasonably appropriate response (4) and no reasonable escape. Fog is caused under reasonable apprehension of dog; and.
