LAWS 2302 Lecture Notes - Lecture 7: Grievous Bodily Harm, Assault, Sexual Assault
Document Summary
For the defense to raise a defense, cannot rely upon the crown. Admitting the crime was committed but their action was excusable. Suggesting that the person was forced/under threat (external factor no intent) Not applicable if you yourself are a party to an offence: treason, murder, attempted murder, sexual assault, forceful abduction, hostage taking, robbery, assault with a weapon/causing bodily harm, arson, aggravated assault. Only applicable if the accused is the principle actor of the offence. Prison mates told him to ruin plumbing in cell. Forced paquette to drive the car threatened to hurt paquette. If the court can establish a safe avenue of escape, the(cid:374) duress does(cid:374)"t appl(cid:455) Concept of duress is not solely for the accused. If the defense or accused can establish harm from a third party than the defense can rely on duress. Ms. ryan victim of abuse for years. Complaints to police by ms. ryan dismissed her case.
