WDW101Y1 Lecture Notes - Lecture 7: Culpable Homicide, Mens Rea, Fundamental Justice
21 Nov 2012
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Mens rea can relate to: the prohibited act, the prescribed consequence, the prescribed circumstances. Not sufficient to prove the accused ought to have known or ought to have understood. Step 1: is there a homicide (s. 222): 222(1) a person commits homicide when, directly or indirectly, by any means he causes the death of a human being. Manslaughter the lowest culpability: 222(5) a person commits culpable homicide when he causes the death of a human (a) by means of an unlawful act (b) by criminal negligence being, * must prove that the homicide was at least manslaughter (killing someone kill someone that you don"t mean to kill them) to further prove that it was murder. *ones intention can change from manslaughter to murder to know is likely to cause death and causes death (whether or not he wanted to kill or cause bodily harm) Manslaughter > second degree murder > first degree murder (planned and deliberate)
