CRI225H1- Final Exam Guide - Comprehensive Notes for the exam ( 28 pages long!)
28 Mar 2018
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Mens rea: tension between re justice and justice that takes into consideration the perspective of the accused, theme 1: case law vs. ), courts are often left to their discretion: not clear: sc to date has attempted to reign in this type of discretion in the lower courts. If courts establish that all crimes that carry with them a severe punishment, then this becomes part of the constitution, government has no recourse because it cannot contradict s. 7. If you fail at s. 7, there is no s. 1. Example: you can be found guilty of dangerous driving causing death even though you had no intention and subjective foresight in terms of death. Is this justifiable: from courts perspective: no subjective mental element with respect to the fatal consequence of your behaviour is required and none should be because the criminal law has the function of deterrence and condemnation.
