CRIM 230 Study Guide - Midterm Guide: Section 33 Of The Canadian Charter Of Rights And Freedoms, De Minimis, Actus Reus
18 Jan 2020
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Document Summary
Two primary sources of law are legislation and judicial decisions. We are in a common law system. Federal government has jurisdiction over criminal law. Fundamental values (public order, property rights, sanctity of life) Freedom of the press and other media. Not to be subject to cruel and unusual punishment. Stare decisis: lower courts must follow the decisions of higher courts. Precedent: courts today must make decisions similar to courts yesterday on similar facts, law must be predictable, certain and consistent. Realist school: social conditions must be considered, is law enforced by authority. Conduct (includes a prohibited state of affairs such as possession offences: must be willed or voluntary act. Circumstances that must exist: accused must have knowledge or be willfully blind. Consequences that must occur as a result of the accused"s conduct (not always required: must be foreseeable or accused is reckless as to the consequences.
