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Series

2011

Criminal Law

Schulich School of Law, Dalhousie University

Necessity

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Full-Text Articles in Law

R. V. Ryan - Duress Is Not Necessary Where Necessity Is Sufficient, Steve Coughlan Jan 2011

R. V. Ryan - Duress Is Not Necessary Where Necessity Is Sufficient, Steve Coughlan

Articles, Book Chapters, & Popular Press

The accused's claim in R. v. Ryan that she committed an offence in response to a history of abuse is, at a factual level, stronger than that in the landmark case of R. v. Lavallee, which first established the relevance of such a claim to criminal defences. In each case there was expert evidence about the accused's psychological condition. In Ryan, however, the accused herself testified at length about events over a period of many years and her evidence was accepted by the trial judge, unlike Lavallee where the accused did not testify at all. Further, the threats of death …