Law 2101 Study Guide - Quiz Guide: Mental Disorder, Mens Rea
Document Summary
R v. leary: leading supreme court of canada decision on the use of intoxication as an excuse to criminal liability which created what is known as the "leary rule". Specific/general intent: specific: higher level, more complicated offence. two step process, doing x to achieve y, e. g. , murder, robbery, theft, general: low level, simple offence, one step process, doing x for its own sake e. g. , manslaughter, assault. Can go down the scale to find included general offence. e. g. , drunkenness negates conviction for murder (specific), but not included offence of manslaughter (general). Onus on crown to prove m/r, and that accused was not drunk enough to negate m/r 7 accused has to raise the issue for it to be considered (air of reality). Intoxication could also contribute to mistake of fact that could negate m/r, but not with sexual offences (e. g. , thought she consented) see s. 273. 2. Origin doesn"t matter, can be physical or psychological.
