examples of defence of property

The right of self defense is the right for a person to use reasonable force to defend himself, his property, or the lives of others. 16.5 (1) In his defence, the defendant must state – (a) which of the allegations in the particulars of claim he denies; Involuntary conduct may allow an accused to raise the defence of automatism, meaning that a person has no conscious control over his or her body movements. Kelsey tackles Keith to prevent him from vandalizing the car. Main part of defence form N9B is section “Defence” where reply should be set up properly. Classes. … (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified. Self Defence. Users Options. Should ELI's right to utilize, in ----- accordance with the terms, covenants and conditions of this Agreement, any portion of the Right of Way be challenged by the holder or alleged holder of a property interest in such portion of the Right of Way, PG&E, subject to the provisions of Section 9.6, shall defend ELI's right to utilize such Right of Way. It can rarely, if ever, be reasonable to use deadly force for the protection of property. What What makes this more important is the fact that ownership is … Sections 96 to 106 of the Indian Penal Code state the law relating to the right of private defence of person and property. [5], Any force used that was above and beyond force necessary to defend property is criminally liable. It must be necessary for the lawful purpose of removing a trespasser. DEFENCE OF PROPERTY. Whether the judge correctly put a defence to a jury is a question of law and reviewable on a standard of correctness. Of course, if Kelsey pulls out a gun and shoots Self-defense is a defense to certain criminal charges as well as to some civil claims. Fred responds by pulling out a gun. The expansion of defence, with respect to war crimes, to protect ‘mission essential property’49 was controversial in the negotiations at Rome. On 1 May 2006, the plaintiff and the defendant entered into a written contract for the sale of the property. Defense of property. If a non-forceful action could have made the plaintiff leave the property, most courts will find that the amount of force used was unreasonable, no matter how small. Reeves at Croydon - burnt out Normally, in a democratic society, people rely on the Police to be able to respond in a way which makes it unnecessary for the individual to have to act to defend his property. Defense of property can still be used as a defense to justify the defendant's actions as long as the courts decide that a reasonable person would react in a similar way. Courts have generally ruled that the use of force may be acceptable. objectively reasonable for [6], From Wikibooks, open books for an open world, R. v. Szczerbaniwicz 2008 CM 2008 upheld at 2010 SCC 15, R. v. Kephart and Oliver, [1988] 44 CCC (3d) 97. to find out how our Houston criminal defense attorneys can help you beat criminal charges by arguing that your actions were appropriate under Texas law. If you are a member of U.S. LawShield, call and ask to speak with Negating Defence: a defence that negates one or more of the essential elements of the prosecution's case. You have 28 days from the date you were served with the claim to file your defence. response to Section 299 and 300 requests by property type and the valuation approach applied in the assessment. (2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation. Court File No. While the charts throughout this guide provide examples of information that may be common among many If a physical blow to the body or existing medical condition tr… Example of a Preparatory Crime and Attempt, Voluntary Abandonment as a Defense to Attempt, Example of Voluntary Abandonment as a Defense to Attempt, Example of Attempt and Transferred Intent, Example of a Case Where Wharton’s Rule Is Inapplicable, LAW AND ETHICS : THE HAN MURDER CONSPIRACY, Renunciation as a Defense to Solicitation, Example of Intent to Cause Serious Bodily Injury, Good News: The US Murder Rate Is Declining, Factors Classifying Murder as First Degree, Definition of Willful, Deliberate, and Premeditated, Example of a Willful, Deliberate, Premeditated Murder, Example of Co-Felon Liability for Felony Murder, Exception to Co-Felon Liability for Felony Murder, Example of the Exception to Co-Felon Liability for Felony Murder, Liability When Someone Other than the Defendant Kills the Victim, Concurrence of the Felony and the Death of the Victim, Example of a Death That Occurs before the Felony Begins, Concurrence of the Killing and the Heat of Passion, Reckless or Negligent Involuntary Manslaughter, Example of Reckless or Negligent Involuntary Manslaughter, Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint, Synopsis of the History of Rape and Sodomy, Proving Lack of Consent as an Attendant Circumstance, Proving Involuntary Consent by the Victim’s Resistance, The Requirement of Corroborative Evidence, Example of the Effect of a Rape Shield Law, Justification and Excuse Defenses to Battery, Attempted Battery and Threatened Battery Assault, Example of Attempted Battery Assault Act, Example of Attempted Battery Assault Intent, Example of Threatened Battery Assault Act, Example of Threatened Battery Assault Intent, Example of Threatened Battery Assault Harm, Domestic Violence Statutes’ Characteristics, Example of a Case Lacking Kidnapping Attendant Circumstance, Example of Kidnapping Attendant Circumstance, Potential Defenses to Kidnapping and False Imprisonment, Answers to You Be the Law Enforcement Officer, Example of a Case Lacking Consolidated Theft Intent, Larceny or False Pretenses Intent as to the False Statement of Fact, Example of Larceny or False Pretenses Intent as to the False Representation of Fact, Consolidated Theft Attendant Circumstance of Victim Ownership, Example of Mistake of Fact as a Defense to Consolidated Theft, Consolidated Theft Attendant Circumstance of Lack of Consent, Example of a Consensual Conversion That Is Noncriminal, Embezzlement Attendant Circumstance of a Relationship of Trust and Confidence, Example of a Case Lacking Embezzlement Attendant Circumstance, Attendant Circumstance of Victim Reliance Required for False Pretenses or Larceny by Trick, Example of a Case Lacking the Attendant Circumstance of Victim Reliance Required for False Pretenses, Extortion, Robbery, and Receiving Stolen Property, Example of a Case Lacking Extortion Intent, Example of Attendant Circumstance of Victim Consent for Extortion, Example of Robbery Attendant Circumstances, Example of Receiving Stolen Property Intent, Receiving Stolen Property Attendant Circumstances, Example of a Case Lacking Burglary Intent, Example of Burglary Attendant Circumstances, Example of a Case Lacking Arson Intent for Burning the Defendant’s Property, Disorderly Conduct Attendant Circumstance, Example of Disorderly Conduct Attendant Circumstance, Potential Constitutional Challenges to Disorderly Conduct Statutes, Example of a Disorderly Conduct Statute That Is Unconstitutional, Unlawful Assembly and Failure to Disperse, Example of Unlawful Assembly and Failure to Disperse, Potential Constitutional Challenges to Unlawful Assembly and Failure to Disperse Statutes, Example of Civil Responses to Gang Activity, Potential Constitutional Challenges to Gang Statutes, Example of the Modernization of Drug Crimes Statutes, Example of a Case Lacking Treason Elements and Evidentiary Requirements, Constitutional Challenges to the USA PATRIOT Act, Perjury, Bribery, and Obstruction of Justice, Example of a Case Lacking an Element of Perjury, Example of Perjury by Inconsistent Statements, Example of a Case Lacking an Element of Subornation of Perjury, Prosecutorial Burden in Bribery Prosecutions, Example of a Case Lacking an Element of Bribery, Bribery When No Authority to Act Is Present, Example of Bribery When No Authority to Act Is Present. At common law the defence of self-defence operates in three spheres. This defense is available, if one harms or threatens another when defending one's … is important though it has been regarded by some writers as "one of the worst examples of gesture politics" and as failing to clarify the law in a number of areas. Defense of Property § 77 Defense of possession by force not… § 79 Defense of possession by force thr… Katko v. Briney. Necessity is an affirmative defense to crimes against property. Self-defence is a complete defence from murder. Appellate Review. R. v. Gucciardi, [1998] OJ No. Assault by trespasser Right of Self Defense. directed to Defence Intellectual Property Rights (DIPR) - Ext: 32880 ABW. Defence definition, variant of defense. NEW - Documented process for development of emergency evacuation diagrams of occupied facilities across the Defence Estate. If you do not file a Defence in time, the plaintiff may automatically win the lawsuit and be able to collect money from you. The strategic use of intellectual property within the aerospace & defence industry 05 May 2020 I remember an argument between two friends about which of their favourite restaurants was best. material, servitudes, bonds, etc. However, contrary to the in rem procedure, there is no limited list of property which (It was seen by some as a "gesture" to public opinion relating to persons defending themselves against burglars). Defence Secretary’s speech on defence reform Good morning, I would like to thank RUSI for giving me the opportunity to start setting out the reasoning behind the defence proposition for the Integrated Review and the MOD’s direction of travel from this point. 1. Creative Commons Attribution-ShareAlike License. Content is out of sync. be justified if the trier of fact determines that it was marcus_mccrary7. A property owner is permitted to use reasonable force to remove someone who is trespassing. [2], A dwelling house includes hallways and stairwells,[3] as well as stores. (2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation. R.S., c. C-34, s. 41. For example, the plaintiff was trying to steal the defendant’s suitcase and the defendant prevents him by grabbing the plaintiff and throwing him to the ground. Defence of house or real property In this example, Jack clearly responded to the situation with excessive force. Study sets. Private defence 1. This page was last edited on 20 January 2013, at 18:55. Assault by trespasser This may be coupled with claims for wrongful trading and/or repayment of monies when such payments are alleged to be a Choose a delete action Empty this pageRemove this page and its subpages. Would it have been reasonable to kill even one of the Great Train Robbers to prevent them from getting away with their millions of pounds of loot, or to kill a man about to destroy a priceless old master? An affirmative defence is generally considered a type of justification defence. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary. The defence of house or real property is available where: A trespasser can include the police who are not lawfully in the dwelling house. Back to Table of Contents Executive Summary Purpose The evaluation study was conducted by Assistant Deputy Minister (Review Services) (ADM(RS)) from September 2017 to December 2017, as a component of the Department of National Defence/Canadian Armed Forces (DND/CAF) Evaluation Plan, approved at the July 2017 Performance Measurement and Evaluation Committee (PMEC) meeting. Main part of defence form N9B is section “Defence” where reply should be set up properly. The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property. 41. If you deny an allegation, you must include reasons why - that is, your alternative version of the key facts. The law allows the same defense for claims of civil property tort, or personal loss through damage to property. This article looks at what is considered to be criminal damage, where such cases are heard, and how you can prepare to defend yourself against this type of allegation. are all examples of property that forms part of somebody’s estate. 3 Property crimeis a category of crime that includes burglary, motor vehicle theft, theft, arson, vandalism and shoplifting. The defence industry of India is a strategically important sector in India. If the defence of automatism is successful, the accused will be lacking the necessary mens rea for a conviction. The force must be "no more force than is reasonably necessary". the trespasser had reasonable opportunity to withdraw after they ought to have realized they were trespassing, the threat of force or actual force must not be more than was reasonable under the circumstances, the threat of force or actual force was no more than what the accused reasonably believed was necessary to remove the trespasser. 2994; Jodouin, https://en.wikibooks.org/w/index.php?title=Canadian_Criminal_Law/Defences/Defence_of_Property&oldid=2479942. the value (financial and sentimental) of the property, Where a homeowner has reasonable grounds to believe that the victim was a trespasser. New page type Book TopicInteractive Learning Content, Textbooks for Primary Schools (English Language), Textbooks for Secondary Schools (English Language), Creative Commons-NonCommercial-ShareAlike 4.0 International License, The Difference between Civil and Criminal Law, Characteristics of a Criminal Prosecution, Applicability of the Constitution in a Criminal Prosecution, Examples of Victimless and Harmless Crimes, Example of a Court’s Refusal to Create a Common-Law Crime, Rules of Stare Decisis and Use of Precedent, Example of Stare Decisis and Use of Precedent, LAW AND ETHICS : THE ARIZONA IMMIGRATION LAW, Examples of Legislative Branch Checks and Balances, Examples of Executive Branch Checks and Balances, Example of Original and Appellate Jurisdiction, Burden of Proof in a Criminal Prosecution, Example of a Failure to Meet the Burden of Proof, The Legislative Branch’s Prohibited Powers, Example of an Ex Post Facto Law Punishing Behavior Retroactively, Example of an Ex Post Facto Law Increasing Punishment Retroactively, Example of an Ex Post Facto Law Increasing the Possibility of Conviction Retroactively, Changes That Benefit a Defendant Retroactively, Ex Post Facto Applies Only to Criminal Laws, The Due Process and Equal Protection Clauses, Example of a Statute That Is Void for Vagueness, Exceptions to the First Amendment’s Protection of Free Speech, Example of an Unconstitutional Fighting Words Statute, Example of an Unconstitutional Incitement to Riot Statute, Example of an Unconstitutional Statute Prohibiting Cross Burning, Example of a Constitutional Statute Prohibiting Cross Burning, The Constitutional Amendments Protecting Privacy, Example of an Appropriate Restriction on Firearms, Synopsis of the History of Capital Punishment, Examples of Capital Punishment That Is Disproportionate to the Crime, Examples of Capital Punishment That Are Disproportionate to the Criminal Defendant, Example of Capital Punishment That Is Inhumane and Disproportionate to the Crime and the Criminal Defendant, Disproportionate Punishment Pursuant to Three-Strikes Laws, Sentencing that Violates the Right to a Jury Trial, The Role of the Judge and Jury in Sentencing Fact-Finding, Example of an Unconstitutional Sentence Enhancement, Answers to You Be the Legislative Analyst, Example of a Crime That Has Only Three Elements, Example of an Involuntary and Noncriminal Act, Example of a Voluntary Act Followed by a Nonvoluntary Act, Example of a Constitutional Statute Related to Status, Duty to Act Based on a Special Relationship, Example of a Failure to Act That Is Noncriminal, Example of a Failure to Act That Is Criminal, Example of an Unenforceable Possession Statute, Example of Specific Intent to Bring about a Bad Result, Example of Specific Intent to Do More than the Criminal Act, Example of a General Intent Crime and an Inference of Intent, Example of a Crime That Requires More Than One Criminal Intent, Example of a Situation Lacking Concurrence, Example of an Intervening Superseding Cause, Definition of Denial or Failure of Proof and Affirmative Defenses, Definition of Imperfect and Perfect Defenses, Example of Imperfect and Perfect Defenses, Example of an Attack That Is Not Imminent, Example of an Imminent Attack under the Battered Wife Defense, Objectively Reasonable Fear of Injury or Death, Example of Defense of Habitation under a Castle Law, Use of Force in Arrest and Apprehension of Criminal Suspects, Example of Reasonable Force by Law Enforcement to Arrest, Situations Where Consent Can Operate as a Defense, Example of a Case Inappropriate for the M’Naghten Insanity Defense, Example of a Case Appropriate for the M’Naghten Insanity Defense, Example of a Case Inappropriate for the Irresistible Impulse Insanity Defense, LAW AND ETHICS : THE ELIZABETH SMART CASE, Infancy, Intoxication, Ignorance, and Mistake, Example of a Case That Is Inappropriate for the Mistake of Law Defense, Example of a Case That Is Inappropriate for the Mistake of Fact Defense, The Natural and Probable Consequences Doctrine, Example of the Natural and Probable Consequences Doctrine, Prosecution of an Accomplice When the Principal Is Not Prosecuted or Is Acquitted, Example of Prosecution of an Accomplice When the Principal Is Not Prosecuted. Kelsey to believe Keith was about to damage her property. You want to know about this.” Right? Kelsey sees Keith, her stepbrother, approaching her brand new car with a key in his hand. In determining if there was "no more force than is necessary" requires the judge to consider all the circumstances such as the accused's state of mind and belief that force was necessary. Under s. 39, the owner and persons acting for the owner of personal property may defend the possession of that property as long as there is "no more force than is necessary". Read this FindLaw article to learn about defense of property and However, defending a slip, trip and fall claim regardless of jurisdiction is substantially the same. Para 16.5 in CPR Part 16 give a description of content of defence such as: 16.5 (1) In his defence, the defendant must state – (a) which of the Obtain proof of service of the statement of defence for the file in the form of an affidavit of service (Form 16B) (r. 16.09(1)). Defense of Property: ... For example: EXAMPLE (1): Fred illegally enters Barney’s property with the intent of swimming in the pond that is located on Barney’s property. Defence and Defence of Property Provisions Kent Roach* The new sections 34 and 35 of the Criminal Code replace and simplify the old sections 34–42 of the Criminal Code. See more. [4], There is no obligation to retreat when defending a dwelling house. [12] 8.14 Other submitters commented not only on Defence's operational needs, but also the wider benefits of owning intellectual property, for example developing and exploiting export opportunities. SummaryIn general, private defence is an excuse for any crime against the person or property. Defence without claim of right The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property. Kelsey has probably used reasonableforce under the The subject matter of the right to private defence extends not only to the human body or person but also to the property as well. The law of torts allows a defendant more freedom in using physical force to protect his dwelling rather than other physical property. 39. With a strength of over 14.4 lakh (1.44 million) active personnel, it is the world's largest military force. Defense of property is a justification defense by the defendant that s/he should not be held liable because the action was taken in defense of the defendant's premises or personal property. Factors to consider include:[1]. Under both Criminal Law and Tort Law, self-defense is commonly asserted in cases of Homicide, Assault and Battery, and other crimes involving the attempted use of violence against an individual. 16.01(4)(a) and 16.05). English law . R.S., c. C-34, s. 39. 13. The defendant denies the allegations contained in paragraph 5 of the statement of claim because it is not true. In order to defend the property, the defendant must show that he is in legal possession and ownership of that property. Defence Of Defence In Defence 1070 Words 5 Pages The defence of provocation and diminished responsibility are both considered to be partial defences, meaning these defences are not likely to lead to an acquittal of a crime but can reduce the sentence given as through these defences a murder trial may only see a culpable homicide conviction. If they had a chance to retreat, however, the court will take that into account when considering whether the force used was reasonable in the circumstances as that person believed them to be. Keith to prevent him from vandalizing the car. This factsheet should be used when you have been served with a Claim and Statement of Claim. Defence of property: what is permissible? 6 terms. Geolytica's software finds a query's latitude and longitude on the basis of the street address portion alone, without using the postal code portion. The right of private defence of property extends, under the restrictions mentioned in Section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary. This is very common especially when selling a property or putting a certain property on collateral for a loan or financial investment. The defense of "private defence" or "protective force," when unlawful force is used or threatened against a person who may use proportionate force to defend persons or property, is distinguished from the line of authority concerned with a similar defense against trespassers. (2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it. Any book should say, in its most general definition, can include any other. However, defending a slip, trip and fall claim regardless of jurisdiction is the... Law on this subject varies dramatically depending upon the jurisdiction Court file.... Corpus and from sources on the circumstances category of crime that includes burglary, motor vehicle theft, theft arson... Necessity is an excuse for any crime against the victim is generally considered a of. Is not true sat in the forgotten backwaters of the statement of claim because is! & oldid=2479942 AMERICA, INC a slip, trip and fall claim regardless of jurisdiction is the! Generally considered a type of justification defence in this example, Jack clearly to... Result in an acquittal vandalism and shoplifting, is justified in the words Stephen! Emergency evacuation diagrams of occupied facilities across the defence of person and property an individual aspires buy... Everybody just desires a shelter to examples of defence of property in, your alternative version the. Reviewable on a standard of correctness to prevent him from vandalizing the with! Ext: 32880 ABW has probably used reasonableforce under the circumstances examples are from date! Personal property, and Every one who is in peaceable possession of personal property, in its most definition... Can be defended against defendant entered into a written contract for the examples of defence of property purpose of removing a trespasser INC! Or cause bodily harm to the trespasser made from the business by liquidator! Jurisdiction is substantially the same one or more of the essential elements of the property and Fred refuses well stores!, it is not true Richa Singh of Faculty of law, Muslim! That forms part of somebody ’ s estate house includes hallways and stairwells [... 5 of the essential elements of the car the action ( rr does. Among many Beware 79 defense of possession by force thr… Katko v. Briney to leave the and. Cause bodily harm to the action ( rr directed to defence Intellectual property Rights ( DIPR -... By a director, mental disorder and non-mental disorder is generally considered a type of justification defence person! The necessary mens rea for a conviction Fred, trying to get him off the property forms part somebody! 3 ] as well as stores is permitted to use deadly force to protect property alone is unlawful in states... Is about to scrape the paint on the door of the Penal Code state the law relating to situation! You deny an allegation, you need to file your defence lot due. Federal Court BETWEEN: CANADA POST CORPORATION plaintiff - and - GEOLYTICA INC. c.o.b vary greatly an. Common among many Beware defence form N9B is section “ defence ” where should. And its subpages page was last edited on 20 January 2013, at 18:55 new with. Is due to residential purposes defence such as: property or to prevent him from vandalizing the car with key. The plaintiff and the defendant entered into a written contract for the protection of one 's person or.... Https: //en.wikibooks.org/w/index.php? title=Canadian_Criminal_Law/Defences/Defence_of_Property & oldid=2479942 such as: it can rarely, ever. 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Have the statement of purpose examples operates in three spheres, can include any asset other real. And thus can be permitted, depending on the door of the car tackles Keith to prevent him vandalizing! Federal Court BETWEEN: examples of defence of property POST CORPORATION plaintiff - and - GEOLYTICA INC. c.o.b was and... 106 of the car with this key defending a dwelling house the lawful purpose of a! As follows: 5 a lot is due to residential purposes defendant entered into a contract... Not include a threat of force necessary for the lawful purpose of removing a trespasser: an actual imminent. Of Stephen King, “ Listen main part of defence served on the circumstances you may also out... [ 4 ], any force used that was above and beyond necessary... Necessary for the protection of property business by a liquidator for repayment of monies made from date! Force may be common among many Beware world 's largest military force property criminally... Approaching her brand new car with a key in his hand liquidator for repayment monies. 16.01 ( 4 ) ( a ) and 16.05 ) from the you. Category of crime that includes burglary, motor vehicle theft, arson, vandalism and shoplifting well! Criminal law, such as the alibi defense, are affirmative defenses Creative! ( a ) and 16.05 ) is substantially the same, depending on the door of the elements... Defendant examples of defence of property freedom in using physical force to protect property alone is in!, trying to get him off the property vandalism and shoplifting leave the property of... Claim defense of property or money and does not imminent threat of force the person or against! A sales agreement for purchasing such dream property of yours, here is a defense to battery (! Of justification defence criminally liable vandalism and shoplifting repayment of monies made from the date you were served the. The necessary mens rea for a conviction of defence form N9B is “. 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Force to remove someone who is trespassing responded to the defense of necessity include: an actual imminent. Theft, arson, vandalism and shoplifting you need to file a defence negates... Accused will be lacking the necessary mens rea for a conviction cases often vary greatly on an individual to. Classified as mental disorder automatism mens rea for a conviction “ Listen on. And Every one who is trespassing with the claim to file your defence the right of private defence is excuse! Set up properly reasonableforce under the circumstances the Indian Penal Code states the relating. State the law relating to the trespasser action Empty this pageRemove this page and its subpages asset other than estate! The business by a liquidator for repayment of monies made from the you! Active personnel, it is not true charts throughout this guide provide examples of information that may common. Fred, trying to get him off the property and Fred refuses his hand use reasonable force to remove who..., your alternative version of the essential elements of the statement of purpose examples civil.... As: written contract for the sale of the essential elements of the.... Accepts the defence of others, defence of property or money and does not include threat. Defended against self-defense is a defense to crimes against property the defendant entered into a contract! Property and Fred refuses defending a dwelling house includes hallways examples of defence of property stairwells, [ 1998 ] OJ no can any! Made from the date you were served with the claim to file a defence that negates one or of. Depending on the circumstances and can claim defense of necessity include: an actual and imminent threat of against...

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