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2081 Law Philosophy- Criminal Law Case Review pdf.pdf

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Western University
Political Science
Political Science 2237E
Douglas Long

R vs. Parks (in-law sleep stabber) -acquitted, non-insane automatism -not a disease of the mind, not likely to reoccur (no need for treatment) -no actus reas because it is an involuntary act Criminal law is public, the victim does not choose to pursue charges, it is considered a crime against society and not the victim alone. Criminal law concerned with punishment. Tort concerned with compensation for the victim R vs. Fagan (police foot) -charged with assault -no initial mens reas and no actus rea as the omission was not an act of itself -convicted because when deciding NOT to move the car, a guilty mens rea is formed and thus Fagan is guilty of assault R vs. Miller (fire bed) -charged with Arson -argued it is not criminal because omission was not action -convicted because omission of counteractive measures after action that resulted in the fire constitutes actus rea -actus rea can now mean omission R vs. City of Sault-St-Marie (the Cherokee stream) -acquitted because strictly liable, not absolutely liable and not a true crime -cannot charge two people of the same crime completed separately from each other R vs. Ladue (disgusting guy, substitutes one intention for another for conviction- realism) -charged with copulating with a dead woman -claims he didn’t realize she was dead -the sex is an actus reas, and as such, he MUST have known she was not conscious -charged and convicted with rape instead R vs. Logan et al. (robbers whose partners shot someone) -charged with attempted murder -no mens rea, did not know the other would shoot -were involved in all of the planning and never mentioned a gun -convicted of robbery instead to match mens rea and actus rea -now both the principle offender and parties to the offender need separate subjective mens rea
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