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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.
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Corporate Conspiracy: Problems Of Mens Rea And The Parties To The Agreement, M. R. Goode
Dalhousie Law Journal
The essence of conspiracy is the agreement or plot formed between two or more parties. Thus, in R. v. Aspinall, for example, Brett J. A. said: ". . . . the crime of conspiracy is completely committed, if it is committed at all, the moment two or more have agreed that they will do, at once and at some future time, certain things." It follows that criminal conspiracy may be loosely defined as a criminal contract: an agreement between two or more "persons". Emphasis will be placed upon the elements of that required agreement in the discussion that follows. First, …