LAWS 2302 Lecture Notes - Lecture 6: Mens Rea, Arson, Crime Scene Getaway
Document Summary
Chapter 7 excuses and justification in the criminal realm: an excuse: (cid:498)i"m hungry and i have a child who is hungry so i am going to go to loblaw"s and steal chicken(cid:499). Duress: comes into play when arguing the mens rea of the case. He or she made me do it kind of defense duress. The theory in duress defense is that the person was forced to commit a crime against there own will. The crown must prove that you intended to commit the act (mens rea) and the law says if you are under duress then there is no mens rea. S. 17 of the code relates to duress: v, carker: he was charged with a mischief. S. 17 has a section that says what you jail (it was an organized protest and they wanted to damage the property) and arm, etc. there was no danger to his life at the specific time he broke the plumbing.
