LAWS 2302 Lecture Notes - Lecture 2: Actus Reus, Endangerment, Indictable Offence
Document Summary
Division of powers - constitution act, 1867, ss 91 & 92! Common law underpinnings of our criminal law! Reverse onus provision- may infringe accused"s charter rights if it violates the presumption of innocence! Trier of facts vs. trier of law! Size of appeal panel (oca- 3 or 5 (reverse a previous order); scc -5 to 9)! The act must be the voluntary act of the accused for the acts reuse to exist ! There can be no acts reuse unless it is the result of a willing mind at liberty to make a de nite choice or decision. ! Involuntary intoxication as a possible defence to the charge of impaired driving! 140. (1) everyone commits public mischief who, with intent to mislead, causes a peace of cer to enter on or continue an investigation by [ ]! (c) reporting that an offence has been committed when it has not been committed;! years; or !
