Evan Rossi is a student at a local college. He decides to go on a ski trip during the long weekend. He packs up his winter gear and heads up north to a ski hill on a Friday evening after his classes finish. His friends are going to meet him at the resort. Unfortunately, there is a snowstorm and Evan's car breaks down. There is no signal on his iPhone. Evan is forced to hike through the woods for an hour to find help in extremely cold weather conditions. Late at night, he finds a cottage in the woods. He knocks on the door repeatedly, but no one answers. Hoping to get out of the freezing cold temperature, Evan uses a large rock to break the window. He climbs in and uses the cottage as shelter. During this commotion, the homeowner - a 90-year-old man with a hearing aid - is woken up. Obviously, the homeowner had taken out his hearing aid before going to bed. The homeowner is startled and contacts the police. Evan is arrested for "forcible entry" under the Criminal Code. You represent Evan. 

Identify which defence you would raise on his behalf. List all parts of the test for the defence and apply the facts from the scenario to explain each test criteria.

Answer rating: 100% (QA)

In representing Evan one possible defense could be Necessity or Duress of Circumstances This defense ... View the full answer