IS 202 Lecture 12: Week 12
15 Jan 2019
School
Department
Course
Professor
Document Summary
Week 11 - similar to week 9: excuse: The actions are wrongful but the circumstances under which they are taken are such that they should not be attributed to the actor: common law defence, rationale: Accused acted involuntarily from a moral or normative point of view: straightforward in less serious o ences. Necessity and serious offence: r v. dudly & stephans (1884) Ship sank and ate a person to stay alive: r v. perka (scc, 1984) Shipment of narcotics - captain entered canadian territory and got caught. Inappropriate to punish actions that are normatively involuntary. Restrictions: clear and imminent peril or danger: modi ed objective test, no reasonable legal alternatives: modi ed objective test, proportionality between harm in icted and harm avoided: objective test, same rationale as necessity. Principles of fundamental justice: r v ruzic (2001) 2 of these requirements violate s. 7 are invalid. The basic requirements of both the statutory defence (s. 17) and.
