Law 2101 Lecture 14: Law 2101 - Lecture 14 - Nov 1
3 Dec 2016
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Document Summary
A defence can be an excused, to get the accused out of the charge. Law recognizes human frailty we can keep someone to adhere to this superhuman standard. Once the defence is on the table, the crown has to disprove the defence beyond a reasonable doubt. It is the accused asking for a break, but the law makes the crown then has to disprove it. Not in code c/l defence preserved by s. 8(3) The defence of necessity is not in the criminal code. On the other side of the coin, the criminal code preserves common law defenses . Duress is both contained in the code and also at common law. Provocation: (1) culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
