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Defences

2 Pages
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Department
Philosophy
Course Code
Philosophy 2080
Professor
James Hildebrand

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Description
CRIMINAL LAW DEFENCES Leary v The Queen PIGEON J y At a jury trial the appellant was convicted of rape and his appeal to the Court of Appeal of BC was dismissed unanimously y That the learned trial judge erred in law in directing the jury that drunkenness was not a defence to a charge of rape 1 The distinction between crimes of specific intent and offences of general or basic intent 2 Rape as an offence of general intent 3 Whether there was evidence that the accused was so intoxicated that he could not form a criminal intent 4 Whether there was a miscarriage of justiceONE y In considering the question of mens rea y A general intent attending the commission of an act is only intent require to constitute the crime y Drunkenness as renders the accused incapable of forming
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