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ls 202 for final
| Term | Definition |
|---|---|
| automatism normal conditions | sleepwalking, hypnosis, internal factors (diabetes, epilepsy) |
| automatism normal conditions case | r v. parks |
| r v. parks | "gentle giant" case, murdered inlaws & acquitted on account of sleepwalking |
| automatism external trauma | blow to the head |
| automatism external trauma case | r v. bleta |
| r v. bleta | head hit ground, got up and stabbed guy, acquitted |
| automatism voluntary drug use cases | r v. sullivan, chan, penno |
| r v. sullivan | high on prescription medication, assaulted parent with weapon, claimed 7 & 11d, acquitted |
| r v. chan | high on shrooms, murder and assault, suffered irrelevant brain injury, claimed 7 & 11d, retrial |
| r v. penno | drunk, committed civil wrong (care & control of vehicle) claimed violation of 7 but found guilty |
| automatism involuntary drug use case | r v. king |
| r v. king | went to dentist, "didn't know" about effects of drug, killed 3 people, acquitted |
| r v. rabey | 'you are nothing' - blind rage automatism after being rejected, found guilty ('fact of life') |
| r v. stone | wife berated him in car, stabbed her 47 times, dissociated (internal) vs berated (external), guilty |
| golden thread primary hurdle | reverse onus: accused proves state of unconsciousness (with lower burden of proof) |
| golden thread secondary hurdle | evidentiary burden of proof: evidence must give defence an air of reality - if met, onus back on crown (mens rea + actus reus) |
| primary hurdle: reasonable? | technically violates 11d but saved by s1 : don't want too many acquittals, crown doesn't know personal history, automatism is rare |
| 34(2) self defence factors | nature of threat, extent of force used in self defence, use/threat of weapons, physical traits of parties, person's role in incident, prior relationship |
| deterrence (faulty tenuous assumptions) | offenders are rational, are aware they may get caught, are not desperate, are aware of the consequences |
| sentencing factors | severity, current practices, history, recidivism, employment record, victim impact statement, case law |
| mitigating sentencing factors | no great harm, first offence, provocation, 'out of character', personal problems of offender |
| aggravating sentencing factors | weapons / serious harm, past record, no remorse, violation of trust, hate crime / terrorism / organized crime |
| r v. hodgson | told to remove unruly guest at party, initiated chokehold, person died, acquitted |
| proportionality (tank vs chariot) | no more than necessary: must be a response out of genuine fear, using reasonable force |
| self defence must haves | (threat of) force against self/others, purpose to defend, doing it under reasonable circumstances |
| r v. doherty | bouncer punched unruly patron, patron hit head and later died, later acquitted |
| r v. doherty initial ruling | self defence doesn't extend beyond blocking, wasn't acting out of fear |
| r v. doherty final ruling | was unlawfully (unprovoked) assaulted, acted proportionally, with no intent to cause death |
| totality | cannot be unduly harsh (concurrent vs consecutive sentences) |
| sentencing principles | restitution, retribution, deterrence, denunciation, incapacitation, rehabilitation/reform |
| restitution | repaying victim for loss |
| retribution | state sponsored revenge (rarely referenced aloud by court) |
| deterrence | general (for public) vs specific (prevent recidivism) |
| denunciation | symbolic / ideological condemnation |
| incapacitation | separate threat from society |
| rehabilitation/reform | make functional productive members of society |
| rehabilitation/reform critique | sentences justified as rehabilitative can be highly punitive, ineffective unless offenders motivated to change |
| r v. L.M. | child porn + sexual assault of daughter, "worst crime in worst circumstances" |
| parity | sentencing/treating like cases alike |
| comity | respecting judges decisions between courts |
| killing time documentary | pynn: 'set up to fail', habitual reoffender/recidivist (over 100 offenses) |
| r v. pelletier | Indigenous woman, sentence reduced to one day considering trauma and what would be best for her |
| r v. manji | 'pretendian', committed fraud, landmark/demonstrative ruling (incarceration + repaying) but suspended sentence |
| sentencing options | absolute & conditional discharge, fines, probation, conditional sentences, mandatory conditions, optional conditions, suspended sentence, imprisonment |
| absolute and conditional discharge | find guilty but no registered conviction, though record can be used again in sentencing, only for offences w/o mandatory sentence |
| fines | for any criminal offence (& no limit for indictable offences - summary limit 2k) |
| probation | rehabilitative, humanitarian, served in community under supervision, max 3 years, only for offences w/o mandatory sentence |
| conditional sentences | house arrest (sentence <2 years) |
| mandatory conditions | remain within boundaries, inform court / seek permission to move |
| optional conditions | curfew, medical/psychiatric treatment |
| suspended sentence | e.g. manji case, when jail term is futile but denunciation is necessary, may be forced to serve og term if failed probation |
| imprisonment | last resort, do not deprive liberty if less restrictive options appropriate, summary max 6mos & indictable can be 2-25 |
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cheapnmeowing