Actus Reus The actus reus of an offence requires and act or omission, physical voluntariness, and causation. Omissions



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R v McConnell – Prison. He beefed up putting magazines and clipboard under his clothing in anticipation of an attack. Violence of institutional structure allows SD.

R v NC – Friend being beaten by cops. Uses school bus to rescue, didn’t injure police. Self-defense allowed.

R v George – Drives car at police in defense of another. Not successful. Seen as opportunistic use of NC

Duress

R v Parker – Prison. Violence threatened later if  doesn’t participate in riot. Duress denied based on narrow s17 and no immediate threat

R v Steane – Post war. Produced Nazi propaganda because they threatened his family.

R v Gardiner – Sale of handgun to undercover cop, entrapped by informant. No duress for criminals who voluntarily put themselves in dangerous situations.

R v Robins – Had been informing on husband. Cops send her back. Warns father of girl before kidnapping. Still found no immediacy of threats and party to kidnapping.

R v Pacquette – Gun to head to be a driver for robbery, which is excluded on s17. S17 doesn’t apply to parties, only committers.

R v Mena – Tries to undercut robbers’ plans in little ways.

R v Hebert – Outrageous lies to try to show judge something was up but gang members in court threatening him. Finds no intent to purger.

R v Langois – Prison guard smuggles in drugs because of threats to wife and kids. Found morally innocent. Early Charter s17 challenge.

R v Ruzic – Imports heroin from Serbia to Canada due to threats to mother in Serbia. Find police there corrupt and would be no help. Return to most CL duress over s17.

R v Ryan –  orders hit on abusive husband from undercover cop. Not duress but charges stayed.

Necessity

R v Morgentaler – Provided abortions for depressed pregnant woman at risk of suicide if forced to carry baby to term. Jury acquits. Appeals say not necessity. He is too separate from the harm.

R v PerkaDrug dealers on a boat, big storm. Come to shore with drugs. Found to be a pressing situation.

R v Langdon – Innu protest over low flying planes. Charged with not leaving embassy. Found legal necessity as all other methods except protest had been tried.

R v Latimer – Euthanizes severely disabled daughter. Find he had many other options.



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