CRM 200 Chapter Notes - Chapter 10: Culpable Homicide, Mens Rea, Abet

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Main offence for murder is section 229 ccc, which states: Pg 398: murder has long been recognized as the worst and most heinous of peace time crimes . This section requires: subjective foresight of the likelihood of death. Intention to cause that death: v. vaillancourt (1987) The highest possible fault element of all the sections of murder, and most morally blameworthy state of mind in our system. Pg 401: subjective intent to cause bodily harm, subjective knowledge that the bodily harm is of such a nature that it is likely to result in death, v. nygaard (1989) Intention to cause bodily harm of such a grave and serious nature. Coincidence of actus reus and mens rea: as long as the mens rea existed at some point in the transaction leading to deat, it would not matter that the victim died some time later. Section 229(b: codified the common law doctrine of transferred intent.

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