ECON-1006EL Study Guide - Quiz Guide: Intoxication Defense, Mens Rea

• School: Laurentian
• Department: Economics / Science Èconomique
• Course: ECON-1006EL
• Professor: A.Faroque

Document Summary

Justi cations: negate wrongfulness of the act -> legal interest is not considered to be violated. Excuses: negate blameworthiness of the actor -> legal interest is still violated, but no blameworthiness -> always personal! Sometimes the unlawfulness (2nd tier) is also a speci c aspect of the offence description (1st tier) e. g. 350dcc, 303 gcc. Common law categorisation: no clear division between justi cations and excuses. Diminished responsibility/ loss of control on charge of murder. Protection of life, limb, sexual integrity, property -> also of third persons. 1. imminence of unlawful attack (immediate threat) Least instrusive + capable of ending the attack. Balancing of interest of defender and aggressor. Relationship between offence committed and harm likely to be suffered. + no provocation, no culpa in causa. Justi es invasion against the interest of a totally innocent party. Proportionailyt stricter applied -> but 2 lives can never be measured! 1. act was needed to avoid inevitable and irreparable evil;