CRMN 2010U Lecture Notes - Lecture 17: Canada Revenue Agency, 18 Months, Extortion

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Jacob, who works in construction, does not complete his work assignment on time. Jacob becomes extremely angry and in the heat of the moment hits his supervisor with a steal pipe over the head. Provocation is a statutory defence (s. 232) May be raised only in relation to a charge of murder. Provocation is a partial defence: if successful, leads to a reduced conviction from murder to manslaughter. An individual losing the power of self-control (important: does not mean that the victim deserved it or that the accused was justified in what he/she did: 232 of the criminal code. Insult must be sudden and unexpected (provocation cannot be self-induced) The accused must have lost self-control and acted before having regained his/her self- control. Wrongful act/insult must be sufficiently grave to cause an ordinary person to lose self- control. Objective element: was the wrongful act/insult sufficiently grave to cause an.

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