LY205 Lecture Notes - Mental Disorder, Mens Rea
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November 8th, 2012
Week 9, Thursday
plan and deliberate, have get away car, blueprints, guns, etc
someone rings and says they can't rob the bank, they are not guilty because they made their intention
known to stop being involved- but already planned etc so are they guilty?
Dunloft and Sylvester:
issue in case: gang rape- two men brought beer and then supposedly left. Charge: aiding and abetting
appeal court of manitoba-
parties to an offence- aiding and abetting
Plaintiff identified two defendants as two people who raped her.
6 years in federal penitentiary
court of appeal found an error on part of trial judge
by a two-three majority they sustained conviction by applying 613 of criminal code.
KNOW FACTS OF CASE.
Judge said they MIGHT be guilty under section 21 (1) (at trial division)
knew an offence was happening and failed to hinder or stop it.
Said they did not know, nor did they ever know. (defendants)
Grey eyes case:
undercover police officer- aiding and abetting- cocaine- led to an apartment
know facts of case. Trafficking. Punishment must fit the crime. Guy was clearly or was clearly not a
pusher. Or was it under the notion of agency, but for whom was he the agent- the trafficker, or the
undercover police officer.
KNOW THE CASE
having dinner at accused house
jackson having relations with boss at work- found out she hired someone else- according to davy-
jackson was talking about killing his boss,
jackson didnt say anything, he just went into the store and lost control.
Issue: aiding and abetting
looking at mens rea for murder
about being parties to the offence.
As they are agreed upon in the decision.
KNOW FACTS OF CASE FOR MIDTERM.
Young case- 1950.
know the case.
Douglas- person who committed murder- murdered police constable and was in a car and car stopped
with someone elses.
Young told them the police was looking for them and offered to hide them.
Young had mens rea to be accessory after the fact.
Convicted, appeal was dismissed.
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