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Defences to a Charge Defences to a Charge

Defences to a Charge - PowerPoint Presentation

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Uploaded On 2017-10-05

Defences to a Charge - PPT Presentation

Excuses and Justifications Necessity and Duress did not have a genuine choice at the time they committed itentrenched concept of classical criminology we choose to act antisocial now whether thats due to internal factors or external factors is where criminology comes in ID: 593075

accused duress action defence duress accused defence action ruzic reasonable force criminal women circumstances excuse ryan factors due act section threat scc

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Presentation Transcript

Slide1

Defences to a Charge

Excuses and JustificationsSlide2

Necessity and Duress

...did not have a genuine choice at the time they committed it...entrenched concept of classical criminology- we choose to act anti-social (now whether thats due to internal factors or external factors is where criminology comes in)

Ruzic 2001- fundamental principle of justice that only voluntary conduct should attract the penalty and stigma of lability

Excuses- Perka 1984- concedes the wrongfulness of the action but asserts that the circumstances dictate that the actions ought not to be attributed to the actorSlide3

Self Defence*

Considered an excuse- an action that is justified despite it being a criminal act

R. v. Ryan 2013- it challenges the wrongfulness of an action- the reason why the accused was justified in meeting force with force- hiring a hit man?Slide4

Back to Necessity

An accused can only avoid disaster by breaking the law- Perka 1984

Choice must be voluntary and not compelled due to various reasons, including normal human instincts

The accused must have no reasonable legal alternative but to break the lawSlide5

Duress

Accused assert that their power of choice is being overborne by another human being

Hibbert 1995- normative involuntariness

Section 17 of the Criminal Code original definition was struck down in 2001 (Ruzic)

Main components of the defence are that the accused had been subjected to a threat of death or serious bodily harm (direct or indirect- child, spouse)

The court has to be satisfied that a

reasonable person*

, placed in exactly the same situation as the accused, would act as they didSlide6

Ruzic

Importing a narcotic and use of false passport- 2kg of heroin

Ruzic admitted the offence but asserted that she did so under duress- Threatened, harassed and assaulted by a paramilitary man in the former Yugoslavia

He ordered her to export the drugs and threatened to kill her mother- law and order had broken down hence no trust in the police at home

Ruzic was acquitted by all court levels including SCC

However…. Slide7

Ryan

Duress must results from a threat that is at the core of the defence of duress and cannot be raised when the issue is itself self defence….let me explain

Victim/accused was the victim of a violent, abusive and controlling husband and counselled an RCMP undercover officer to kill the husband

Therefore duress was not available to her due to the issue being for self defence (admitted the wrong but attempting a justification)- Duress is an excuse-

The SCC ruled that the circumstances of her action cannot excuse her from the action, unlike in duress and necessity cases*

Hmmm….Slide8

Self-Defence again

Section 34 of the Criminal Code- reasonable amount of force in self defence, if you reasonably believe that they or another individual are the target of actual force/threat of force

Section 34 factors- pg 86

SCC upholds the concept of applying whether the accused person’s conduct was reasonable

Women in domestic violence cases are judged by the standards of reasonable women who face the same circumstances and not by the reasonableness of women fighting in a bar

R. v. Lavalee

Then why not Ryan?