Actus Reus The actus reus of an offence requires and act or omission, physical voluntariness, and causation. Omissions
– 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.
– Drives car at police in defense of another. Not successful. Seen as opportunistic use of NC
– 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.
– Sale of handgun to undercover cop, entrapped by informant. No duress for criminals who voluntarily put themselves in dangerous situations.
– 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.
– 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.
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 Perka
Drug 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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