Friday, June 7, 2013

Abandonment a defence in Canada

R. v. Gauthier, 2013 SCC 32 upholds the defence of abandonment from a common intent to commit a crime. 

Many, including this writer, doubted such defence existed in Canada. Well, it does and the Court holds:

[38]                          Thus, it was held that a defence of abandonment has three essential elements:  (1) there must be an intention to abandon or withdraw from the unlawful purpose, (2) there must be timely communication of this abandonment or withdrawal from the person in question to those who wish to continue, and (3) the notice so communicated to those who continue to participate in the common purpose must be unequivocal. 

1 comment:

Anonymous said...

When some one searches for his necessary thing, thus he/she needs to be available that in detail, so that thing is maintained over here.

my webpage :: experienced