CRM/LAW C144 Chapter Notes - Chapter HW#2: Hot Tub, Tequila, Willful Blindness
8 Mar 2016
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C144 criminal law homework assignment #2: describe the situations in which an omission can serve as an actus reus for a crime. This means that the defendant did not intend to bring about a general result, which was to drive and smuggle 110 pounds of marijuana in a concealed compartment. In regina v. cunningham, the trial court interpreted malice in the old vague sense of wickedness. The queen"s bench said that malice requires the actual intention to do a particular kind of harm or recklessness as to whether such harm should or should not occur. What did the queen"s bench say malice means: compare u. s. v. giovannetti [page 263] with u. s. v. jewell [page 260]. Both a. cases require a similar mens rea. I believe that these cases are consistent because in u. s. v. jewell, the defendant purposely avoided knowing what was inside the compartment and was convicted of knowingly transporting marijuana.
