CRI225H1 Lecture Notes - Lecture 7: Implied Consent, Actus Reus, Culpable Homicide
31 Oct 2016
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Fact pattern assignment will be posted before next week; read it before class it will be due nov 24. Tutorial dates: nov 3rd- sample fact pattern. November 17th- q & a on the assignment. Exam- allowed one cheat sheet front and back, student number and psyeudoname. Mens rea can relate to: the prohibited act, the prescribed consequence, the prescribed circumstance. No need for the crown to prove, what the accused actually knew, understood, intended. Not sufficient to prove the accused ought to have known or ought to have understood. B. c motor vehicle reference section 7 requires that all criminal offences (which carry risk of a deprivation of liberty) must have a mens rea requirement. Principle of fundamental justice morally innocent should not be punished. Without mens rea, an individual is not morally culpable. S (222)(1) a person commits homicide when, directly or indirectly by any means causes the death of a human being.
