Philosophy 2080 Study Guide - Actus Reus, Criminal Negligence, Sexual Assault
9 Feb 2013
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Social stigma is the same for murder as attempted murder. No successful actus reus, so mens rea is all you have. Child very sick with diabetes, admitted to hospital with serious sickness. Parents were taught how to take care of the child, about the disease. Doctors told the parents that there was no known cure, and he would always need insulin. Mother stopped giving the son injections one day because they thought divine intervention would save him, and he became very sick. Parents rushed him to the hospital and his life was saved him just in time mother had a dream a year later and stopped giving him insulin. Charged with manslaughter and death by criminal negligence. Negligence- knew (subjective) or ought to have known (objective) Later the judge ordered a new trial because jury wasn"t given proper instruction. Ontario court of appeal said it was a crime of omission, therefore criminal negligence requires a subjective standard of mens rea.
