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:
“Casting an eye on the education of children, from whence I can make a judgment of my own, I observe they are instructed in religious matters before they can reason about them, and consequently that all such instruction is nothing else but filling the tender mind of a child with prejudices.”
—George Berkeley (1685–1753)
“Americans are notorious for looking to their children for approval. How our children turn out and what they think of us has become the “final judgment” on our lives. . . . We imagine that the rising generation is rendering history’s verdict on us. We may resent children simply because we expect a harsh judgment from them.”
—C. John Sommerville (20th century)
“We went on, feeding the hungry, giving drink to the thirsty, clothing the soldier, binding up his wounds, harboring the stranger, visiting the sick, ministering to the prisoner, and burying the dead, until that blessed day at Appomattox Court House relieved the strain.”
—M. E. W. Sherwood (1826–1903)