CRI225H1 Lecture Notes - Lecture 7: Alcohol By Volume, Mens Rea, Absolute Liability
28 Aug 2018
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Do not rely on the court to limit defenses to individuals. This is not the way the law should function. In daviault case, his blood alcohol level was enough to kill an average person who drinks (daviault is an exception because it is rare) When it comes to defining what an offence actually is, is not good for the criminal law. You have to establish this through the prohibited act: murder is a specific intention the accused has to intent the consequences of his or her behaviour. In short, if you are accused of a specific intent crime the crown has to prove that when you omitted the crime, you had a requisite intent and purpose. Intoxication is not a get out of jail card it is the distinction between specific and general intent. Intoxication cannot be used as a defense but intoxication can be used against you because intoxication can establish the mental fault of a particular offence.
