Crynodeb
While the Canadian Supreme Court has accepted necessity as an excuse on the basis of moral involuntariness, English and Welsh courts have adopted a different route by incorporating excusatory necessity into duress of circumstances. The objective element of this defence prevents the defendant's characteristics from being taken into account, and assumes a level of courage. In a defence where the fear emotion is the prevalent feature, this paper questions whether judges in England and Wales have taken the wrong path by implementing a necessity defence as a form of duress
Iaith wreiddiol | Saesneg |
---|---|
Tudalennau (o-i) | 1-28 |
Nifer y tudalennau | 28 |
Cyfnodolyn | Common Law World Review |
Cyfrol | 43 |
Rhif cyhoeddi | 1 |
Dynodwyr Gwrthrych Digidol (DOIs) | |
Statws | Cyhoeddwyd - Maw 2014 |