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Full-Text Articles in Law
Reforming Homicide Law To Separate Guilt From Sentence: An International Gloss, Steve Coughlan
Reforming Homicide Law To Separate Guilt From Sentence: An International Gloss, Steve Coughlan
Articles, Book Chapters, & Popular Press
This article argues that Canadian homicide law is handicapped by trying to combine two contradictory approaches. In general, Canadian criminal law adopts the approach of setting out relatively rigid rules for determining guilt or innocence. That is, the Criminal Code sets out particular offences, and if the elements of an offence can be proven, then failing the presence of any defence (also relatively rigidly defined), any accused will be found guilty. The question of guilt or innocence is not individualized to the circumstances of the offender. On the other hand, sentencing decisions adopt exactly the opposite approach, and are made …
Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant
Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant
Articles, Book Chapters, & Popular Press
This article explores the principle of "constructive" murder and how it interacts with the sentencing and the parties sections of the Criminal Code. The authors re-examine these issues in light of the Charter. They conclude that constructive murder has no place in a post-Charter Canada.