PO210 Lecture 11: Lecture 11
Document Summary
Must impair the right or freedom in as little way as possible, the law can"t be excessive. A law that does more good will be passed. Defences four categories: justification- that the accused was justified to his or her actions ex. Self defence: excuse- there is an excuse for the person"s behaviour, affirmative offence- ex. Self-defence can fall into this category as well: burden of proof is on the crown. Bad fight threatens to kill her, kill me or i will kill you, slapped and hit the woman, at some point during the altercation. Shot at him, it hit the window screen, was thinking of killing herself but when he left to leave the room she shot him in the back of the head. She raised the issue of battered woman syndrome at trial. She was acquitted, it was appealed to the court of appeal, scc court reinstated trial decision. Was able to bring in expert testimony.
