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Philosophy 2080
James Hildebrand

CRIMINAL LAW NECESSITY Perka v R FACTS y The appellants are drug smugglers 16 crew members deliver by ship a load of cannabis worth 67 mill from a point in international waters off the coat of Columbia to drop to a point off the coast in Alaska Vessel began to encounter a series of problems aggravated by deteriorating water Safety of ship and crew to seek refuge on the Canadian shoreline for the purpose of making temporary repairs Fearing the vessel was going to capsize ordered the men to offload the cargo Were arrested as were all the appellants except Perka and Leson 3349 tonnes of cannabis were seized by the police officers Possession for the purpose of trafficking they did not plan to import into Canada or to leave their cargo of cannabis in Canada At trial council for the Crown alleged that the evidence of the ships distress was a recent fabrication Belie the necessity defencethe jury believed the appellants and acquitted themTHE NECESSITY DEFENCE y If a man by the terror of present death be compelled to doe a fact against the law he is totally excused y In those jurisdictions in which such a general principle has been reco
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