LAWS 2301 Lecture Notes - Lecture 10: Cnidaria, Fundamental Justice, Mens Rea
17 Dec 2018
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Tim hortants: hijacked a bus, running through several red lights to go to a tim hortants, charges are assault with a weapon. etc. Nuttall case- terrorism case police meddling: conspiracy to murder and place a explosive device at parliament, entrapment, there is no question that the people actually did commit the facts alleged. They had no common law defense but they are saying that they only did it because of the police manufacturing it: court of appeal ruled this was a case of entrapment, what happens to them?- full defense. If the police screw up, factually guilty accused will walk: court considered precedent to derive the statement of law. If the crown acts improperly less likely to be entrapment but a charter violation: the question looked at whether the police action was reasonable or acting on a reasonable suspicion. Is the opportunity for the offense already there or did the police create it.
