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CRIM 230 (44)

Crim 230 Ch 11.pdf

3 Pages

Course Code
CRIM 230
Simon Verdun- Jones

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Chapter 11Necessity and DuressThe Defence of NecessityThe General Principlesdefence of necessityarises where accused can avoid some disaster or calamity only by breaking lawto advance defence accused is asserting that the evil he sought to avoid was greater than inherent evil of breaking the law asserts should be excused from criminal resp bc decision to break law was dictated by necessity not free choicewill not be successful if accused had reasonable legal alternative to breaking lawdefence of necessity not mentioned in CC but is preserved by s 83The Rationale for the Defence of Necessitydefence of necessity is an excuse which concedes the wrongfulness of action but asserts that the circumstances under which it was done are such that it ought not to be attributed to the actor is not a justification which challenges wrongfulness of action which constitutes a crime eg police shooting hostage taker to save life of innocentPerka 1984 Court states necessity should serve to excuse accused from resp on basis heshe acted involuntarily from a moralnormative point of viewApplying the Defence of Necessity in Relation to More Serious Criminal Offencesdefence of necessity generally does not create any formidable policy difficulties for less serious offences but it does for more serious offencesCourts reluctant to permit assertion of defence for srs offenceseg Dudley and Stephens 1884 two grown men killed a cabin boy after shipwreck and ate his flesh drank his blood claimed it was necessity bc if they didnt they wouldve died
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