CRM 200 Lecture Notes - Lecture 10: Asperger Syndrome, Nonviolence, Henry Morgentaler
10 Apr 2018
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Self-defence, necessity and duress excuse or justify conduct and can be applied to all offences under the criminal code: successful claiming of these defences lead to full acquittal. The crown must prove the defence wrong as part of their overall burden to prove guilt beyond a reasonable doubt. Self-defence: historical background and introduction: they drew distinctions based on whether the accused had intent to kill or cause bodily harm, v. mcintosh (1995) Application of self-defense to broad and expanded range of offences: defences applies to all criminal conduct, non-violence often more proportionate response, protection of others. First requirement: belief on reasonable grounds that force or threat of force is being used. Second requirement: subjective purpose of defending oneself or others under section. 34(1)(b: least challenging requirement to be proved, excludes accused who act for vengeance, punishment or vindication, tempered by requirements in 34(1)(a) and 34(1)(c) Third requirement: acts done in self-defence must be reasonable in the circumstances under section 34(1)(c)
