CRM 2300 Study Guide - Abet, Scienter, Mens Rea
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Attempt – Cline (1956) – pedophile in train station – convicted of attempt of indecent
Chase (1987) - old man grab 15 year old breasts – redefine sexual assault = violate the
victim’s sexual integrity
A/R sex. assault: includes (in)direct application of force, to a person, without consent, by
circumstances of a sexual nature where victim’s sexual integrity is violated, which
include aggressive acts of domination that violate the victim’s sexual integrity.
KB (1993) – grabs 3 year old genitals – add to sexual assault definition: exclusion of
sexual gratification, includes aggressive acts = convicted because sexual integrity of child
Ford (1982) – asks for ride home, performed acts involving use of care = care and control
of vehicle convicted
Toews (1985) – drinking, sleep it off in sleeping bag, ignition on = acquitted
Pilon (1998) – lays across driver’s seat, throws keys under passenger seat – he could put
car into motion by accident = conviction.
Jordan – Omission, stabs hospital, dies, original stab wound healed = not convicted
because causal chain was broken.
Meiler (1999) – plan on killing ex-wife’s boyfriend, kills Buik because of struggle.
Charged second degree murder, wasn’t leading cause of death according to causal chain,
but significant enough
Nette (2001) – ties up old lady, burglary, dies of asphyxiation after 48 hours. Looking for
significant contributing cause, convicted of second degree because actions significant
cause of death
Maybin & Maybin (2012) – bar fight, punch head, bouncer punch head when breaking up
fight, doesn’t break chain. If thing is reasonably foreseeable result of initial cause, the
thing doesn’t break the chain.
Droste (1984) – doesn’t like wife, tries to kill her but kills kid. Transferred intent:
situation in which one intends to harm one person, and instead harms another.
Buzzanga & Durocher (1979) – community didn’t want to pay for French high school,
make pamphlet to stir up the French, to make them feel bad. Intended to promote hatred,
subjective foresight, did it knowingly.
Beaver (1957) – thought selling fake drugs as joke, turns out he was selling morphine.
Convicted for trafficking and possessing but acquitted because no knowledge of what he
was doing or intention to do the crime.
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