CJS 211 Lecture Notes - Lecture 7: Social Stigma, Murder 2, Mens Rea
8 Dec 2020
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Document Summary
Keep in mind, not every offence is explicit about its mens rea requirements. When the words in the code are inadequate, the courts must review the offence and make the determination about what is required. In this case, the code contains a general catch all provision when other people are indirectly involved in an offence. Unfortunately, using one provision that deals in a general way with parties to an offence lacks the particularity needed to deal with every offence in the code. In this case, the court decides as to whether subjective mens rea is required of the principle offender, then whether this mandates the same standard for parties. Accused - appeals by sutcliffe and warren johnson. Robbed convenience store with 2 others, hugh logan and clive brown. Charged with attempted murder as parties to the offence (not primary offender, you"re the person that went along for a ride) Hugh logan shot the clerk, attempted murder (she lived)
