LAW 534 Lecture Notes - Lecture 9: Mens Rea
8 Sep 2017
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Chapter 11 and 12: reasonable limitations on the rights and freedoms in free and democratic society. Section 8: everyone has the right to protect themselves against unreasonable search or seizure. If you are a honest person, you can be convicted on the basis of the reports you submitted. If you don"t submit the reports, you can be punished for not following the rules. 2004: bill c-45: amended the criminal code affecting sentencing, section 718. 21, gives guidelines for determining sentencing to someone who committed fraud, look at aggravating factors that makes a judge give a harsher and longer sentence. Aggravating factors (p. 12-3: advantage obtained as result of offence, corporation made a lot of profit as a result of committing the offence, degree of planning, complexity, duration, offence. If offence took a lot of planning and time, it shows a guilty mind (mens rea: organization tried to conceal assets, cost to public authorities. Investigation and prosecution: organization (representatives) already convicted.
