LAWS 2301 Lecture Notes - Lecture 10: Culpable Homicide, Psychiatric History, Actus Reus
1 Feb 2017
School
Department
Course
Professor
Document Summary
The crown has the burden of proving each element beyond a reasonable doubt. You will be asked to write about 2 of the 3 defense discussed tonight. All offenses except contempt of court exist in statute. Defenses may exist by statute (ex: criminal code-self defense and ncr) while others exist in common law (ex: Defenses work in different ways: some negate mens rea, other defenses operate after the crown had proven the actus reus and mens rea. (example: Defenses also require elements that need to be established. It"s the crowns job to disprove the defense. Anything that has an air of reality (an evidentiary burden on the accused: the judge determines if the defense has any air of reality. If he sees on he is required to instruct the jury on the air of reality to a defense. Very difficult to be made out and very uncommon.
