Philosophy 2070E Lecture Notes - Lecture 4: Sequent, Mens Rea, Sexual Assault
30 Jan 2016
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O subject to mens rea required because omission instead of commission. Trial judge: agreed new trial to be ordered, no mens rea required, whats the obvious intention, knew, or ought to have known. Mackentyre, lemaine: what accused person has to be reasonable: beliefs of these accused, if they have belief then they would be. Mac: dissenting opinion, divine intervention, crown has to prove failure of acquitted assistance. Convicted of 1st degree murder (planned, and deliberate) While committing treason (not planned and deliberate) Threatened to tell mom, and therefore killed him. While committing: accused: didn"t kill while committing, but killed later in panic. If find ambiguity, have to go in favour of accused. Reasonable interpretation should see event as one continuous act. While committing: court: can"t read words literally without finding context. While committing and right after: becomes arbitrary and irrational. One continuous sequent of event, and convicted of first degree murder.
