CRM 2300 Lecture Notes - Lecture 7: Lists Of Landmark Court Decisions, Objective Test, Mens Rea
7 Jan 2015
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The mental element in the criminal law: objective liability. Offences imposing objective liability: driving offences, dangerous driving, sect. If it leads to death or injury: careless driving, sect. Dangerous driving case: hundal (1993: charged and convicted under sect. Dangerous driving case: beatty (2008: charged with three counts of dangerous driving cause death, his car crossed the centre line in the road and crashed into an oncoming vehicle killing all occupants, he lost consciousness, acquitted. 222 (4) identifies culpable homicide: murder, first, second, planned and deliberate. Intent: not planned and deliberate, but had intention, manslaughter i. Infanticide: murder of a newborn baby by the mother, gives an excuse of lactation post partum depression, sect. 234 states that culpable homicide that is not murder or infanticide is person manslaughter . Unlawful act manslaughter: manslaughter is a residual category, there are two forms sect.
