WDW101Y1 Lecture Notes - Presing
Document Summary
Lecture 3 essential elements of the criminal act. Of no force and effect helps control what parliament can and cannot make illegal. The law as a p. o. f. j cannot be too broad / cannot be grossly disproportionate / not vague normally the corwn but if charter violation you have to prove it, then goes back on the crown. Under section 1 can"t do whatever you want because your rights are not absolute oakes had to prove he wasn"t going to traffic the drugs he had. Focus on s. 163 -- offence to make, print, distribute etc. obscene material. Any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene. interpret the section before looking at constitutionality. section is aimed at preventing harm from exposure to undue exploitation.