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1. The accused were charged with importing and possession of narcotics for the purpose of trafficking. They had been arrested in Canadian waters in possession
1. The accused were charged with importing and possession of narcotics for the purpose of trafficking. They had been arrested in Canadian waters in possession of a large quantity of heroin. The accused claimed that the load of drugs was originally supposed to have been unloaded in international waters (where Canadian law does not apply). The drugs were never intended for delivery in Canada. However, they contended that their vessel encountered a number of serious mechanical problems as well as a major storm and that, for the safety of the crew, they were obliged to enter Canadian waters in order to seek refuge from the storm and make repairs. According to the accused, the vessel ran aground on the Canadian coast and started to list. At this point, it was decided to start unloading the heroin in order to prevent the vessel from capsizing. However, the police arrived, arrested the accused, and recovered almost 331/2 tons of heroin. 3. Do you think the defence of necessity can be successfully raised in this case
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