CRMN 1000U Lecture Notes - Lecture 2: Sleepwalking, Provincial Superior, Mens Rea
15 Oct 2018
School
Department
Course
Professor
Document Summary
Laws that forbid certain types of conduct. Basic agreed upon values: right and wrong, condemned, not tolerated. How the rights and duties of individuals can be enforced . Examples: rules of evidence, right to council. Drafting of canadian charter of rights and freedoms: However, constraint actions as well- procedural safeguards. Any action: that is harmful, that is prohibited by the criminal law; and, that can be prosecuted by the state. 4: for which a punishment can be imposed. Attendant circumstances - causal link between act and harm. Intent both precede and be related to the specific prohibited action or inaction that was or wasn"t taken: criminal only if harmful, harm, causation, punishment, conduct of the accused produce specific result, sanctions stated for each crime. Defendant admits to committing a criminal act but contends that they cannot be held criminally responsible for it because there was no criminal intent. Automatism - unconscious or involuntary behaviour (sleepwalking)
