CRM 200 Study Guide - Midterm Guide: De Minimis, Common Law Offence, Legal Certainty
15 Dec 2015
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Criminal is enacted by parliament and meant to punish. Regulatory aims for social order and deals with traffic & environmental law. Section 1: balance rights of individual and society. Objective fault element: reasonable person"s standards, draw inferences based on fault elements. Subjective fault elements: what"s on accused"s mind o. Fault elements are evidence but doesn"t conclude liability. Necessity: break into house for warmth to avoid death. Duress: forced to rob a bank cause family is kidnapped. Mistake of fact: taking wrong jacket at party. Intoxication: only for high intent cases, doesn"t work for violent crimes. Provocation: turns into man slaughter instead of murder. Minimum requirement: against this is it takes away judges discretion by setting a standard for everyone. Fundamental principle: proportionality, over sentencing can cause appeal. Section 6(2): no one should be convicted of offense outside canada: except it its military related, terrorism, genocide, section 465: conspiring inside/outside of. Canada to commit act inside of outside canada.
