Mens Rea
The common sense inference is used by trial judges to explain what to jurors?
The principle of ___ refers to the actus reus and mens rea coinciding and must take place to be considered a criminal offence.
principle of contemporaneity
Dangerous driving (s. 320.13) is considered a ____ negligence-based criminal offence.
Penal
This Justice has been coined the “poetic judge”.
Justice Shaun Nakatsuru
Who is Kiyani's favourite R&B's artist?
Usher
What is the presumed mens rea for offences and how can it be assessed?
Presumption of subjective mens read (ADH), forseeability of the consequences of the act and based on likelihood whether the accused intended them (Buzzanga).
What case outlines the applicable test to determine the legal causation for s. 235(1) and next 5 provision murders?
R v Harbottle
List 3 of the objectives/principles that judges must keep in mind when sentencing, according to S. 718 of the Code.
Proportionality, parity, denunciation, deterrence, segregation, rehabilitation, reparation, responsibility
This case prompted courts to reconsider how they sentence Indigenous offenders after declaring Indigenous over-incarceration was described as a crisis by the SCC.
R v Gladue
What kind of pet does David Gill have that is not a cat or dog?
chickens
What is the modified objective standard of MR for criminal negligence causing death?
Marked and substantial departure from standard of reasonable person (Tutton/Javanmarti), informed by the particular circumstances of the activity (Creighton/Beatty)
What was the gravamen of the offence in R v Le?
the gun
Who has the burden of proof for strict liability?
Crown proves actus rea beyond reasonable doubt, then burden shifts to accused to prove that they acted with reasonable care.
An experienced naturopath illegally gave injections to thousands of patients which led to the death of one.
R v Javanmardi
Who is Chris Tollefson's fave SCC judge?
Justice Binnie
The following offence carries a _______ mens rea and may be inferred with the common-sense inference (Buzanga).
Criminal Code, R.S.C. 1985, c. C-46
445. Every one who wilfully and without lawful excuse
Kills, maims, wounds, poisons or injures dogs…
Is guilty of an offence punishable on summary conviction
subjective mens rea
Subjective MR clues:
“wilfully”, “intentionally”, “for the purpose of”, “knowingly”, “recklessly”
Objective MR clues:
“carelessly”, “negligently”, “dangerously”, “duty”, “ought to have known/believed”
What is a status offence?
an offence that criminalizes a “state of being” rather than a positive action. For example: making it an offence to be male, diabetic, etc. Making an offence to be poor, unemployed or a drug addict also qualifies as a status offence.
The mens rea for the negligence-based criminal offence of dangerous driving is what?
the ‘modified objective test’ where Crown proves that the AR is a marked departure from reasonable driving, then accused must offer explanation which TJ must assess against a reasonable person standard to avoid inference that MR is satisfied (Hundal, Beatty, Roy and Chung)
Bar fight. Parking lot scrap. Consent?
R v Jobidon
This UVic Law alumni graduated in 2017 and blessed all subsequent uvic law students with arguably the best outlines ever seen.
Sarah Chaster
A shows up at a friend (B)’s house with a bloody shirt asking B for the key to their boat. B obliges without question. A is arrested while trying to pull the body onto the boat and is charged with homicide. Upon further investigation B is also charged. What is the MR of B and can B make an argument that he mistakenly thought the shirt was covered in ketchup?
B was wilfully blind (Briscoe). Liability for wilful blindness turns on the decision not to ask, not whether the inquiry would have done anything (Duong). Wilful blindness presumes knowledge (and since B was not reckless), cannot argue mistake (Sansregret).
Andrew kidnaps his two-year old son, Murphy, while his ex-wife is sleeping in her home. Andrew stops at a grocery store and leaves Murphy in the car while he attempts to steal groceries. Andrew is caught by the grocery store clerk, but runs away while the grocery clerk calls the police. Andrew is nowhere to be found and is assumed to have run off on foot somewhere. In the hours that pass, Murphy is alone in the car and the outside temperature has dropped to -10 C. Police find Murphy and take him to the hospital where Murphy is pronounced dead. What applicable case and test would you use to analyze whether Andrew caused Murphy’s death?
R v Nette test for causation; R v Harbottle is governing law for a small subset of cases for s. 235(1) and next 5 provisions.
The SCC has stated that new and special attention must be given to sentencing Indigenous offenders. Particularly, they state that sentences must... [list at 3 of the 5 things they must be/consider]
1. Individualized, 2. Can take account of systemic and background factors affecting Indigenous persons 3. Take account of prioritization of restorative justice 4. applies on/off reserve, in urban settings 5. Need to identify relevant community.
The rule of this case states that an accused cannot choose to be “deliberately ignorant” and that liability turns on the decision not to inquire once real suspicions arise.
Duong
David Gill’s best joke of the semester asked what was in this sweet treat
What's in a Nanaimo bar