LAWS 2302 Study Guide - Final Guide: Actus Reus, Mens Rea, Intentionality
18 Feb 2017
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Defence: a denial of, or a justification for, allegedly criminal behavior can be partial or total (p/t?) Justification: pleas that the conduct of the defendant was acceptable, and thus necessarily lawful (e/j/o?) Excuse: do not seek to defend the conduct of the defendant per se, but seek to say that, in the particular instance, the defendant ought not be blamed for what they did (e/j/o?) An accused may be excused from committing an offence if it was done under compulsion or duress, that is, the accused person is forced by the threat of violence to commit a criminal act against their will. Accused had no reasonable alternative to committing an illegal act (inevitability of fate); to act legally would create a more harmful outcome. Partial not available in violent crimes (e. g. someone holding a gun to your head) Must accept harm to yourself if the harm to others is sufficient.
