Question
THE FACTS Mimi, a former gang member who managed to leave her gang many years ago, arrives home to find the leader of her former
THE FACTS Mimi, a former gang member who managed to leave her gang many years ago, arrives home to find the leader of her former gang, Griselda, talking to her (Mimi's) son, who is 12 years old. Mimi immediately yells at Griselda to stay away from her son. Griselda responds casually that she will do whatever she wants, take what she wants, use whomever she wants, and Mimi could never stop her. Terrified that Griselda is either going to harm her son or recruit him into the gang, Mimi grabs a nearby set of garden shears and stabs Griselda 5 times, killing her within minutes. Mimi is subsequently arrested and charged with second degree murder. INSTRUCTIONS Write an IRAC (Issues, Rules, Application, Conclussion)-structured response detailing your assessment of whether Mimi has any defence to the murder charge (defence only- do not outline the murder charge). outline the relevant Criminal Code section(s) that would apply and the associated legal principles that are relevant to each possible defence {e.g., elements of the defence, including legal tests that would need to met in court, and any relevant case law). Apply the law to the scenario and provide a conclusion detailing whether there is a sufficient air of reality to the defence(s) that could meet the evidentiary threshold required of defences in Canadian criminal trials
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