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- Murder (2)
- Anger (1)
- Capacity as opposed to intent (1)
- Charter of Rights and Freedoms (1)
- Constructive Murder (1)
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- Crime (1)
- Criminal Code of Canada (1)
- Criminal Law (1)
- D.P.P v. Majewski (1)
- Defense (1)
- Emotional breaking point (1)
- Homicide (1)
- Intoxication (1)
- Juries (1)
- Leary v. The Queen (1)
- Linney v. The Queen (1)
- Mens rea (1)
- Mistake (1)
- Provocation (1)
- Recklessness (1)
- Section 7 (1)
- Sentencing Principles (1)
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Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
Specific And General Nonsense?, Tim Quigley
Specific And General Nonsense?, Tim Quigley
Dalhousie Law Journal
In a previous article, I dealt with the argument that the present law on the intoxication defence was well-founded on legal authority and concluded that it was not. I then suggested that those wishing to uphold the present law as represented by Leary v. The Queen and D.PP v. Majewski would have to find support in other arguments. The purpose of this article is therefore to examine those arguments to see whether they provide sufficient ground for the current state of the law in Canada and England. In particular, the specific-general intent dichotomy will be examined in this light.
Provocation And The Ordinary Person, Timothy Macklem
Provocation And The Ordinary Person, Timothy Macklem
Dalhousie Law Journal
As a defence to a charge of murder, provocation is at once the most accessible and the most fascinatingly elusive of ideas. We are all familiar with the concept of an emotional breaking point, and we are generally prepared to recognize that a person pushed beyond that point may in certain circumstances kill his or her tormentor. Yet in law, an acceptable breaking point is very hard to define. As Dickson 3. (as he then was) said in Linney v. The Queen, "provocation, in the relevant sense, is a technical concept and not easy to apprehend" It is also, unfortunately, …
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.