Law 120 – Criminal Law – CAN 1
Exam 1
Criminal code stuff 4
Classification of offence 4
Appeals 4
Proving the Crime 4
Crown’s Burdens 4
Reverse Onus Burdens (ALWAYS RAISE A CHARTER ISSUE UNDER S 11 D. APPLY OAKES) 5
BRD 5
CREDIBILITY 5
DISTINGUISH BETWEEN BRD AND BOP 5
Lifchus/Starr/JHS/ - Reconciling the Cases: 5
Oakes Test 6
Actus Reus 6
LEGALITY 6
OMISSIONS 6
VOLUNTARINESS 7
STATUTORY INTERPRETATION 7
Causation 7
English Cases 7
Moral Blameworthiness 7
Motive 8
Transferred intent 8
Public Welfare Offences: Absolute and Strict Liability 9
To Determine True Crime from Public Welfare Offences 9
4 Factors To Determine Whether it’s Absolute or Strict Liability Sault Ste MArie 9
Steps for if not True Crime Sault Ste Marie 10
Crimes of Objective Fault 10
TYPES OF NEGLIGENCE 10
Steps when attacking a question that might be OBJECTIVE MR 11
RECONCILIATION 11
Penal negligence test 12
Criminal Negligence test 13
Policy Discussion 13
Predicate offences 13
Predicate Offences 13
Manslaughter Specifically Creighton 14
Mens Rea and the Charter 14
How can you tell if something is a principle of Fundamental Justice? 14
Important principles of FUNDAMENTAL JUSTICE 14
R. v. Martineau (1991, SCC) 15
Defences 15
Mistake of Fact: Common Law 15
How it Operates 15
Air of Reality Test (There must be AOR to EACH ELEMENT) Cinous PappaJohn 16
Test for mistake of Fact 16
Sexual Assault 16
Test for honest but mistaken belief in Sexual Assault 17
Provocation: Statutory Defence 232 17
Elements of s. 232 of CC affirmed in Tran 17
Mental Disorder: Statutory Defence s 16 18
Presumption and Burden of Proof 19
Test for section 16 19
6. Relationship between mental disorder and automatism 20
Non-Mental Disorder Automatism 20
What cannot cause automatism? 20
What can cause automatism? 20
Burden of Proof 20
Steps for Judge to Consider(Stone) 20
Necessity: Common Law Defence 21
How it Operates: 21
Burden of Proof 21
Elements of necessity 22
Duress: Statutory and Common Law Defence 22
How it Operates 22
Deciding whether to use CL or s17 23
STEPS FOR IF OFFENCE IS LISTED IN S 17 23
Burden of Proof 23
STEPS FOR IF A IS PARTY/ACCESSORY TO OFFENCE 24
STEPS IF OFFENCE NOT LISTED AND S 17 CAN APPLY 24
IF you decide to apply s17 24