Philosophy 2080 Lecture Notes - Lecture 5: Mens Rea, Actus Reus, Sleepwalking
30 Jan 2018
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Some twists and turns in this case, it is similar to logan in that a general provision of the code purports to make the accused person guilty of an offence by being with the principle offender. Recall that although there are no common law criminal offences, there are common law defences, and the accused is able to avail himself of the common law defence of duress. Accused was called up by two co-accused, simard and clermont - drive us to the pop shoppe, we"re going to rob it. If you don"t we"ll kill you, if you don"t wait for us we"ll kill you - had a gun to threaten with. Drove them to the pop shoppe, simard shot and killed an innocent bystander. Simard and clermont pleaded guilty, accused convicted under s. 21(2) - commit an offence when combine with others to form an intention for a common purpose. Was evidence of accused"s reluctance, evidence he was forced.
