LAWS 2302 Lecture Notes - Lecture 10: Mens Rea, Clan Maclean, Regulatory Offence
Document Summary
Note: page references refer to (12th edition/13th edition) Mistake of fact eg. beaver, where thought he was selling milk sugar but it was really heroin: what if he thought it was heroin, but thought heroin was legal, v. mcleod (1954, bcca, mentioned p. 731/713) Acquitted of assaulting a police officer; crown appeals. Facts: 17 years old fight between and somebody else: cst. Ratio: what makes this type of assault more aggravating than a regular assault are the facts that (1) v is a police officer (2) in the execution of his duty. [note: mistake can be combined with self-defence: thought that he was defending himself against v, which was not true] [note: followed in r. v. collins (1989, ont. Ca): for first degree murder re killing of police officer or jail guard, must know that victim is a police officer: v. ladue (1965, ytca, p. 731/713) Convicted of indecently interfering with dead human body; appeals.
