Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v.  Ryan, 2010 NSSC 114

 

Date: 20100325

Docket: CRD-295372

Registry: Digby

 

Between:

Her Majesty the Queen

 

v.

 

Nicole Patricia Ryan (Doucet)

 

 

LIBRARY HEADING

 

Restriction on Publication:      Restriction on publication pursuant to s. 486.5(2) of the Criminal Code of Canada

 

Judge:                            The Honourable Justice David P. S. Farrar

 

Heard:                            December 7, 8, 9, 14, 2009, and January 25, 29, 2010 in Digby, Nova Scotia

 

Final Written

Submissions:                   March 8, 2010

 

Written Decision:  March 30, 2010

 

Subject:                Criminal Law, counselling murder contrary to s. 464(a) of the Criminal Code of Canada; the defence of duress.

 

Summary:             The accused was charged with counselling an undercover police officer to commit the offence of murder against her husband, which offence was not committed, contrary to s. 464(a) of the Criminal Code of Canada.  The defence admitted the Crown had established a prima facie case.  The only issue for determination at trial was whether the common law defence of duress was available to the accused.  

 


Issue:          Did the common law defence of duress apply?

 

Result:                  The common law defence of duress applied.  The evidence established the elements of the defence to the requisite standard.  The accused was acquitted.

 

 

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