LAWS 2302 Lecture Notes - Lecture 4: Actus Reus, Regulatory Offence, True Crime
3 Feb 2018
School
Department
Course
Professor
Document Summary
From the headlines: barry & honey sherman homicide, concern over differential justice. From the headlines: regulatory liability michigan water crisis: criminal & regulatory charges laid against certain state officials for negligence. Recap: elements of a crime: actus reus ( the guilty act ) + mens rea ( the guilty mind ) = crime, *regulatory offences may fall outside the criminal law. Erin brockovich: i don"t care if you didn"t know, you should"ve known (objective intent) Intent = (subjective/objective) knowledge of consequences in circumstances: intent is not motive. Historical approach: rex v. ping yuen (1921), 36 c. c. c. 1. 13% of alcohol per weight: this beer was, therefore, an intoxicating liquor within the definition of the. Saskatchewan temperance act & an information was laid against the appellant. Charter s. 7: common law (cl) principle, now constitutionalized through s. 7 principles of fundamental justice (aka no punishment without moral culpability, mens rea identified using, code & statutory interpretation, cl, charter s. 7, actual practice.
