Philosophy 2080 Lecture Notes - Lecture 1: Culpable Homicide, Voir Dire, Criminal Negligence
15 Oct 2018
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Charged with 1st degree and attempted murder. Issue is whether he is actually asleep, they believed he was: not disease of the mind (b/c sleep is a normal condition) Appeal= dismissed: need to consider the scope of exemption (degree of responsibility) and protection of the public (potential issue because there is no treatment) Lamer= no disease of the mind because it was caused by a normal condition. La forest= it is not voluntary, therefore it is an issue of actus reas: continuing danger & internal cause (neither are good fit for this case) Defense: no intention and it was an omission, not an act. Dissent: assault cannot be an omission, he didn"t maintain the car on the foot, he allowed it to stay on the foot. Charged with arson (under criminal damages act- statute that states when you intentionally or recklessly cause damage, it is an offense)
