Philosophy 2080 Lecture 16: Philosophy 2080 - Lecture 16

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

The accused persona gave evidence at trial that the victim was a willing participant, the victim said she was raped at knifepoint. Drunkenness was no defense to this kind of charge, this is a general intent offense. The judges orders to the jury had no impact on the jury, the judge gave them this potentially erroneous explanation of the law. The scc must consider if this was a miscarriage of justice, they say no, but they must answer this question for the common law. General intent offense if we don"t have to have (2) as the intention: Intend intercourse: where the person does not consent. (no evidence thereof) Specific = something further, more complex thought process. He was stuck with the outcome*** ask after. Judges charge to the jury don"t worry about drunkenness, because it is a general intent - another case said it is a specific intent case.