CRM 200 Lecture Notes - Lecture 10: Actus Reus, Mens Rea
3 Dec 2014
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To avoid some sort of disaster and avoided the law. Admits that what he or she has done is wrong. They are not trying to justify their actions, but they didn"t have a choice so they should be excused. They might have actus reus and mens rea, but the argument is that they did not have a moral choice acting in a morally involuntary action. This defence is available to the accuse if he didn"t not foresee the act. In the criminal code, it is a common law defence: latimer (2001) case: Father did not choose to insert a feeding tube through his daughter"s (tracey"s) stomach she was not facing terminal illness- just a disability. The court did not find any sufficient evidence- there was no air of reality to put this particular defence in front of the jury. The supreme court of canada took the chance to discuss the necessity defence.
