Published on December 3, 2008
Today’s Lecture Criminal Law: Homicide and Sleepwalking
Clarification Actus reus and Mens rea
Charter issues to watch for s. 11(d) Innocent until proven guilty
Homicide Culpable vs. Non-culpable homicide
Is it Culpable Homicide? Offence Unlawful act: 222(5)a Criminal negligence: 222(5)b • some offence violation of Code or Common Law duty: s. 219 Mens rea Objective test: Objective test: wanton or Foreseeability of bodily reckless disregard for safety or hard that is neither trivial lives of others nor transient Death? Yes Yes Causation? Yes Yes
Is it Murder? s. 229 • Intention to cause death • Reckless as to death occurring • Transferred intent • Imputed intent • [s. 230, Constructive murder, found unconstitutional] • If it’s Homicide but not murder, then it’s Manslaughter
What kind of Murder? • First degree murder Planned and deliberate, s. 231(2); or In performance of sexual assault, hijacking, kidnapping or unlawful confinement, s. 231(5) • Otherwise, it’s Second degree murder
Sentencing • Life imprisonment in all cases • First degree murder: no chance of parole for 25 years • Second degree murder: No chance of parole for 10 years (2nd time: 25 yrs) • Manslaughter: Normal parole requirements (If firearm used, then min 4 yrs)
Parties to offence of murder • Parties: – Commits; Aids; Abets • Resulting crimes – Plan it together, then are parties to resulting crimes – Charter violation?
Mental Incapacity and Automatism • Fit to stand trial? • Defence of mental incapacity: – Finding of “not criminally responsible by reason of insanity” or “on account of mental disorder” • “Defence” of Automatism: – Actually goes to actus reus, not really a defence
Automatism • Presumption • Question: insane vs. non-insane automatism • Issue: “Air of Reality” • Objective test to determine: – External cause; or – Internal cause
Next class… • Exam prep and review – –Come with questions!
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