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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