CRI225H1 Lecture Notes - Lecture 10: Mens Rea, Mental Disorder, Section 1 Of The Canadian Charter Of Rights And Freedoms
23 Dec 2020
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Cri225 lecture 10: factors negating mens rea - intoxication, automatism & mental disorder. Intoxicaton: the defence of intoxication is complicated and applies in different ways to different categories of offences. Specific intent offences and general intent offences: violent and non-violent general intent offences. It also draws a distinction between forms of intoxication: ordinary intoxication and extreme intoxication, voluntary intoxication and involuntary intoxication. Ordinary intoxication - specific intent offences: the defence of intoxication draws a distinction between specific intent offences and. The accused need not have intended a specific consequence, nor to have acted for a specific purpose. Ordinary intoxication - specific v general intent offences. Nor do i agree that self-induced intoxication is a sufficiently blameworthy state of mind to justify culpability, and to substitute it for the mental element that is an essential requirement of those crimes. In my opinion, the principles embodied in our canadian charter of rights and freedoms, and more specifically in ss.
