PHILOS 2G03 Chapter Notes - Chapter Canadian Encyclopedia: Suspended Sentence, The Canadian Encyclopedia, Regulatory Offence
26 Mar 2018
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Readings 11 the canadian encyclopedia on criminal law - defenses. 2 elements of a crime: (1) prohibited conduct / act and (2) the required mental elements: before an act can become a crime it has to fall within this definition of an offence. Defenses (recognized by both the criminal code and common law): defense of capacity: Cases where individuals are found not guilty even though the act intention to commit the act were proven: individuals are deemed incapable of committing the offense in question, ex: children under 12 years old, insane persons. To prove a committed act, it has to be demonstrated that the act was consciously and voluntarily committed. These included accident, duress (committing an offence because their family"s life / safety was threatened), automatism: defenses that negate proof of mens rea: Certain factors may raise a doubt that the person intended to achieve a committed crime.
