LAWS 2301 Lecture Notes - Lecture 9: Actus Reus, Mens Rea, Due Diligence
17 Dec 2018
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Headlines: study that women who start criminal defense practices leave at an alarming rate, zombie laws- laws struck down by the charter but remain in the written criminal code. Recap: legal guilt and factual guilt, first line of defense is always on the facts. If the facts are proven, then legal guilt. Necessity: a justification, did it because you had to. If a boat trespasses on a beach because there is a storm. Self defense: a justification, because it puts you on the moral high ground, reasonable and if you have an obligation to retreat. Provocation: defense to one crime only-murder, partial excuse- make sure you know all of these defense, whether justifications or excuses, and whether total or partial. The difference between legal and factual and define all the defenses. Reference a case if you want to do really well on your exam. Consent: specifically shown, consent to the nature of the quality of the act.
