CRM 2300 Lecture Notes - Lecture 12: Actus Reus, Indictable Offence, Delirium Tremens
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If a person is charged with second-degree murder and uses this defense they will be charged with manslaughter. If someone is charged with robbery while intoxicated they will be charged with assault and theft. Prior to 1996: beard rules: it was the common law case known as the beard rule. The beard rule was brought from britain to canada. Daviault (1994: after the decision, the supreme court of canada added section 33. 1 to the criminal code of canada. Section 33. 1 added to the criminal code. Can not be used as a defense doubt about the requisite mens rea. In these cases, it is a complete defense with the acception of. Occurs when intoxication is so severe that a person goes into a state of automatism. In these cases it is a complete defense, but after deviault (1994) section 33. 1 changed it. The evolution of the beard rules: 1920 to present day.