SOC 2760 Lecture Notes - Lecture 2: Culpable Homicide, Criminal Negligence, Arson
18 Feb 2018
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), s. 35. ] (7) all murder that is not first degree murder is second degree murder. ), ss. 7(2), 35,40(2): the (cid:272)ri(cid:373)i(cid:374)al la(cid:449) (cid:272)learl(cid:455) states that (cid:862)(cid:373)urder is first degree murder when it is planned and deli(cid:271)erate. (cid:863) pla(cid:374)(cid:374)ed a(cid:374)d deli(cid:271)erate refers to i(cid:374)te(cid:374)t. It is the mens rea with which the courts find difficulty. The law holds culpable of murder those individuals who would undertake serious offences, whether or not the offender intended death. Self-defense: when the force in self-defence is considered reasonable by the court then no crime has taken place. For instance, if v shoots at d and misses during an attempted robbery and d shoots back and kills v, no crime has taken place. Shooting is used to defend against shooting: the dile(cid:373)(cid:373)a o(cid:272)(cid:272)urs (cid:449)he(cid:374) (cid:862)u(cid:374)reaso(cid:374)a(cid:271)le(cid:863) for(cid:272)e is used. Provocation: provocation is a partial defence that has been used to reduce murder to manslaughter (parker.
