CRM 2300 Lecture Notes - Lecture 19: Nipple, Culpable Homicide, Homicide

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Christopher Sibbald

Document Summary

When the judge looks at the evidence, they must determine whether or not there is an air of reality. Provocation as a defense is set in the criminal code the judge does not have discretion for this so it is not case law: the defense only apply where the accused has the intent for murder. They need intention (this is subjective mens rea) this is because the accused is being charged with second degree murder first degree needs planned and deliberate. This is why the crown needs to always prove the intent for murder. Then the defendant can start creating doubt in the mind of the jury: a wrongful act or an insult that is of such a nature as to be sufficient to deprive an ordicary person of the power . The only person who can afford to buy his assets is his wife, and for cheaper than he wanted.