CRI225H1 Study Guide - Final Guide: Actus Reus, Ultra Vires, Sexual Assault
20 Jun 2020
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Poffj must be: legal principles, fundamental to fair operation of legal system, identified with precisions. Arbitrary harm principal (harm to others: v. heywood child sexual assault. Law violated liberty limiting where he can go and risk of imprisonment. Margarine reference case govt ban margarine not made from fat from milk/cream. Valid criminal law must be directed at: public peace, order, security, health, morality, not economic issue: v. butler s. 163 offence = obscene material. Test: explicit sex with (1) violence unless artistic, (2) degrading, risk of harm substantial, (3) children. S. 8 = unreasonable search/seizure: 10(b) = retain/ instruct counsel w/o delay, 11(d) = innocent until proven guilty, 2 = fundamental freedoms, 12 = cruel and unusual punishment. *s. 7 = life, liberty and security of person. S. 1 = reasonable limit on charter: v. vu mandatory min for marijuana, v. nur mandatory min for possession of loaded firearm. Test: 1) what"s the appropriate sentence, is mandatory min disproportionate: reasonable hypothetical.
