LAWS 2302 Study Guide - Midterm Guide: Grievous Bodily Harm, Aggravated Sexual Assault, Mens Rea
Document Summary
Defending an allegation, you establish that the crown is not proven the elements of the offence beyond a reasonable doubt. The accused does not have to testify, however sometimes the accused does not have to explain. Is the mens rea of defence the offence is justified for a reason. If duress is to be used as a defence, certain qualifications must be met: has to be a situation of the accused"s life is in danger. Where the accused would suffer grievous bodily harm or death. In a practical case, duress is rarely used. The queen v. carker: facts, the respondent was charged with mischief allowed under s. 17, the respondent admitted to damaging the plumbing fixtures in the cell where he was incarcerated at oakella prison farm in b. c. Issue: ratio, the criminal act was committed to preserve the respondent from future harm coming to him, but the accused knew what he was doing would.
