TRN305Y1 Lecture Notes - Lecture 9: Criminal Defenses, Self-Defense, Extortion
Document Summary
Conclude last week"s discussion about the rights of the accused. Discussion about self defence legal and moral requirements. Rights of the accused upon being charged w/ an offence. Under s11 must be granted reasonable bail unless just cause for denying bail. Reason for granting bail accused is still presumed innocent. Justification for detaining individual before finding of guilt higher than after finding of guilt. Cannot be held in detention prior to trial for unreasonable length. Justice system overwhelmed takes a lot of time. R v askov conspiracy to commit extortion. Supreme court ruled this was unconstitutional, violation of s11. As many as 50,000 people had their charges stayed basically dropped. After askov decision another strong move towards due process model. Right to be presumed innocent 11(d) Confirms faith in humankind, reflects belief that individuals are decent law abiding people until proven otherwise . Criminal code (or drug & substance act and youth justice act)
