WDW101Y1 Lecture Notes - Police Misconduct, Actus Reus, Mandatory Sentencing
Document Summary
General rule: courts have the power to prevent the misuse of its procedure in a way that would. Anything conduct or misconduct on part of state actor either relates to profound unfairness to accused or admin of justice into disrepute is an abuse of process. Abuse processes on part of the police (entrapment), crown (prosecutorial abuse of process) What are the limits of control on how state actors due their job in admin of justice, e. g. charter limits police activity. Originally this was a common law doctrine (offences have to be codified) Laws or conduct is only illegal if it i not in keeping with the principles of fundamental justice . Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof excepti in accordinace with the principles of fundamental justice.