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Lecture

Class 4.doc


Department
Law
Course Code
LAWS 2302
Professor
Mike Smith

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Criminal Law January 30, 2012
Class 3
Elements of an offence
Jordan, Beardsley cases
Case: Regina vs Thorton
Knew he had AIDS, but still donated blood. Charged with criminal
negligence
Charged with common nuisance
Section 180(2)
Found guilty, appealed
Crown needs actus reus and mens rea
Actus reus: donating contaminated blood
Mens rea: knowingly donating contaminated blood
He has a legal obligation not to donate his blood
Legal obligation to society at large
Foreseeability
Mens Rea
Not enough to just commit the crime, but need to have intent as well
Case: Beaver vs Queen p. 380
Sold drugs to undercover cop
Actus reus: selling the substance
Mens rea present? – claimed he didn’t know it was drugs he was selling
(thought it was sugar or milk)
Passing off – pretend it to be something else (like fraud or theft)
Mens rea takes on many forms
Case: R vs Ladue
Indecency with a dead persons body
Thought she was unconscious, turned out she was dead
Section 167(b) – everyone who indecently interferes with a dead persons
body is indictable for up to 5 years
Real issue is the mens rea
Mental intent to interfere with a dead person, however he denied it and said
he didn’t know she was dead
Crown has to establish he knew she was dead
Could’ve been charged with sexual assault
He had the mental intent to have sex with her, even if he didn’t know she was
dead
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