CJS 211 Lecture Notes - Lecture 4: Mens Rea, Arson, Risk It
8 Dec 2020
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Given that the criminal law is supposed to be narrowly interpreted to give an accused person the benefit of any ambiguity, the next two cases give us some particular problems in determining what exactly is an act . If we are true to the doctrine of strict construction, then we must stick with an offence the way it is worded . This is a bit easier with the criminal code of canada, because every offence is supposed to be precisely defined. In fagan, there is no codified offence, and the definition of assault is found in the common law of england. In canada, there are no common law offences, only the ones described by the. For all you with an affinity for philosophy: spot the circular reasoning in the majority decision if you can. If it"s not in the criminal codes, it"s not a criminal offence.
