LS202 Lecture Notes - Lecture 6: Mandatory Sentencing
18 Nov 2016
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R v. ____ = regina (queen) vs. person. You need the offence rst, and then the law will come. Once the law is down, the act is a crime. The state needs to be able to explain why the act is criminal. No actual de nition of harm so judges can adjust this (elastic) Protect us from the state abusing its power. Case - r v dudley and stephens (1884) Crew of 4 people go out to sea and there"s a storms. No food or water, dudley and stephens agree to kill one and eat him (brooks doesn"t agree) Facts - d&s kill parker and d,s & b eat. Decision - d&s sentenced to death, but commuted to 6 months in prison. Reason - no proof that such necessity justi es murder. Relevance - dif cult to get away with murder (self defence is the only justi cation)
