Judgment of The Court
Justice Dickson, writing for the majority, held that the crew could not successfully rely on a defence of necessity. The defence, Dickson described, was a rare exception that would only be allowed when there was clear "involuntariness" where the accused was "strictly controlled and scrupulously limited".
In order for an accused to successfully argue a defence of necessity they must establish three points. First, there is the requirement of imminent peril or danger. Second, the accused must have had no reasonable legal alternative to the course of action he or she undertook. Third, there must be proportionality between the harm inflicted and the harm avoided.
Read more about this topic: R. V. Perka
Famous quotes containing the words judgment of, judgment and/or court:
“My beauty, though but mean,
Needs not the painted flourish of your praise.
Beauty is bought by judgment of the eye.”
—William Shakespeare (1564–1616)
“Blest are those
Whose blood and judgment are so well commingled
That they are not a pipe for Fortune’s finger
To sound what stop she please.”
—William Shakespeare (1564–1616)
“When a man’s feeling and character are injured, he ought to seek a speedy redress.... My character you have injured, and further you have insulted me in the presence of a court and large audience. I therefore call upon you as a gentleman to give me satisfaction for the same.”
—Andrew Jackson (1767–1845)