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Final

WDW225 Exam Booklet - Precedents Quick List

3 Pages
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Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
William Watson

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1. Introduction to Criminal Justice
Frey v. Fedoruk (1950), -appeal allowed
-Frey was first charged, then court upturned
decision because of no law and freedom breach
R. v. Sedley(1663- appeal allowed
-cannot be convicted of an offence at common law
2. Limits of Criminal Justice
R. v. Butler (1992), 70 –appeal allowed
-distribution of obscenity, decided obscene
materials were harmful to Canadian society
despite s.2 breach
R. v. Tremblay (1993) –appeal allowed
-bawdy house with peephole, tolerated by
community
R. v. Heywood [1994] –appeal allowed
-laws were overbroad, banned from all parks
R. v. C.M. [1995)- appeal dismissed
-charge removed, of no force and effect because
there is no reason to protect teens, and
discriminates gays
3. Essential Elements
Hutt v. R. (1978) -appeal allowed
-police communicating for prostitution, he did so
whilst enforcing provisions of the code
R. v. Sloan (1994) appeal allowed
-drove to empty lot with prostitute, police officers
found them in the car, judge found guilty, in
public place
R. v. Chase [1987] –appeal allowed
-came into young girls house, sexually assaulted
her, what is sexual assault? Decision to punish
him held
R. v. K.B.V. (1993) –appeal dismissed
-grabbed sons genitals for punishment, judge
found guilty of sexual assault for violating sons
integrity
R. v. Cuerrier (1998) –appeal allowed
-had unprotected sex without disclosing HIV
positivity, convicted because criminal law
responsible for public safety, even if HIV
prevention is not part of their duty
4. Voluntariness
R. v. Jobidon (1991)- appeal dismissed
-convicted of manslaughter for consensual
fistfight
R. v. Lucki (1955), -not guilty
-drove on wrong side of highway, caused by
involuntary act of road conditions
R. v. Wolfe (1975), -appeal allowed
-convicted for assault against man who hit him,
but it was a reflex action so he was acquitted
R. v. Larsonneur (1993)- appeal dismissed
-found in UK after passport expired, she was
convicted for being where she should not be
Fain v. Commonwealth (1879) –appeal allowed
-he was asleep in a hotel with a gun, shot guard,
no laws claiming he cannot sleep with a weapon,
no punishment
R. v. Parks (1992) –appeal dismissed
-found not guilty for stabbing in-laws on
automatism
R. v. Rabey (1977) –appeal allowed
-found to have reacted internally, not externally,
and thus was affected by disease of mind and is
not guilty
R. v. Stone [1999] –appeal dismissed
-stabbed wife 47 times in whoosh, trigger was not
strong enough to push him into automatism,
guilty of murder
5. Omissions and Causation
People v. Beardsley (1907) –appeal allowed
-injected his friend, was not responsible by legal
duty to protect her, not guilty of manslaughter
R. v. Thornton [1991] –appeal dismissed
-donated HIV blood, claimed no offence by law
occurred, no lives were endangered, no mens rea,
but convicted
R. v. Thornton [1993] –appeal dismissed
R. v. Peterson [2005] –appeal allowed
-failed to provide necessities of life to parent, on
note of precedent cases, punishment was
overbroad
R. v. Fagan [1969] –appeal dismissed
-drove car on officers foot, not assault because
there was no mens rea or malice
R. v. Miller [1983] –appeal dismissed
-lit cigarette, fell asleep on mattress, charged
with arson, recklessness as to what ensues,
charge upheld
Smithers v. R. (1977) –appeal dismissed
-charged with manslaughter for hockey fight,
victim had thin skull, did unlawfully kill by
kicking
R. v. Blaue, [1975] –appeal dismissed
-stabbed victim, she refused to get blood
transfusion and died, stab was operative cause of
death
Pagett v. R. (1983) –appeal dismissed
-used girl as body shield against police, charged
with manslaughter, conviction kept
6. Introduction to Mens Rea
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Description
1. Introduction to Criminal Justice R. v. Larsonneur (1993)- appeal dismissed Frey v. Fedoruk (1950), -appeal allowed -found in UK after passport expired, she was -Frey was first charged, then court upturned convicted for being where she should not be decision because of no law and freedom breach Fain v. Commonwealth (1879) appeal allowed R. v. Sedley(1663- appeal allowed -he was asleep in a hotel with a gun, shot guard, -cannot be convicted of an offence at common law no laws claiming he cannot sleep with a weapon, 2. Limits of Criminal Justice no punishment R. v. Parks (1992) appeal dismissed R. v. Butler (1992), 70 appeal allowed -distribution of obscenity, decided obscene -found not guilty for stabbing in-laws on materials were harmful to Canadian society automatism R. v. Rabey (1977) appeal allowed despite s.2 breach R. v. Tremblay (1993) appeal allowed -found to have reacted internally, not externally, -bawdy house with peephole, tolerated by and thus was affected by disease of mind and is community not guilty R. v. Stone [1999] appeal dismissed R. v. Heywood [1994] appeal allowed -laws were overbroad, banned from all parks -stabbed wife 47 times in whoosh, trigger was not R. v. C.M. [1995)- appeal dismissed strong enough to push him into automatism, guilty of murder -charge removed, of no force and effect because there is no reason to protect teens, and 5. Omissions and Causation discriminates gays People v. Beardsley (1907) appeal allowed 3. Essential Elements -injected his friend, was not responsible by legal Hutt v. R. (1978) -appeal allowed duty to protect her, not guilty of manslaughter -police communicating for prostitution, he did so R. v. Thornton [1991] appeal dismissed whilst enforcing provisions of the code -donated HIV blood, claimed no offence by law occurred, no lives were endangered, no mens rea, R. v. Sloan (1994) appeal allowed -dro
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