LAWS 2302 Lecture 11: Law Week 11
Document Summary
Boat was caught in storm, and had 7million$ of marijuana on board. They had to dock in bc to survive. They were found not guilty due to necessity. Then the crown said that this was not necessity, it was merely convenience. They said they actually offloaded their product in the bc harbour with the intent to sell it, but when they got caught they fell back onto the necessity. The court dismissed their appeal and ordered a new trial. They committed their act to prevent greater harm from falling upon them. It is in pursuit of a greater good. When we talk about justification, were basically saying what we did was right, but it had to be done. When we talk about an excuse, were saying that what we did was in the wrong, but had to be done. Cannot legally punish someone because they find themselves in a circumstance where they had no other viable option.
