R v Blaue Criminal Law 01: Actus Reus Facts The defendant inflicted serious stab wounds on the deceased who‚ knowing she would be likely to die as a result‚ refused a blood transfusion because she was a Jehovah’s Witness and accepting another’s blood was against her religion. The defendant claimed that her refusal to accept the blood transfusion broke the chain of causation between his conduct and her death. Extract There have been two cases in recent years which have some bearing
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Title: R. v. Hufsky‚ [1988] 1 S.C.R 621 Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes
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Summary R. v. Morgentaler was decided by the Supreme Court of Canada‚ a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman’s right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling‚ you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee
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1.) The legal issue in R V Brown case that the house of lord had to determine was "Is consent a defence to an assault causing grievous bodily harm" This is a case of sado-masochism where the group of men were engaged in act of violence against each other particularly on their genital parts‚ by branding or genital torture for sexual pleasure. The victims in each case consented to this ritual (activity) and didn’t suffer any permanent injury. Each of the defendants faced assault ABH charges and unlawful
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CRIMINOLOGY: R. v. Grant We can apply different theories of criminology at any time in our everyday lives as police officers. Criminology is an interdisciplinary profession built around the scientific study of crime and criminal behaviour‚ including their forms‚ causes‚ legal aspects‚ and control. In the fallowing‚ I will identify a few theories that are the essential reasoning behind the criminal in this case. The case history of R. v. Grant is that‚ Grant‚ an eighteen year old at the time
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R. v Burns case Brief Case Facts The defendants Glen Sebastian Burns and Atif Ahmad Rafay were accused to have committed aggravated first degree murder in Washington State. In a confession to an undercover RCMP officer in British Columbia‚ posing as a mob boss‚ it is clamed that Burns was a contract killer hired by Rafay to kill his parents so that Rafay could get insurance money for their deaths. It is claimed that Burns beat the victims with a baseball bat while Rafay watched (para.10). They
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Year 12 Legal Studies Crime Assessment Steven Fraser - R v Fraser - Murder of children Legal Citation: R v Fraser [2003] NSWSC 965 and R v Fraser [2004] NSWSC 53 Elements of the Offence: Steven Fraser murdered his three children – Ashley (7)‚ Ryan (5)‚ and Jarrod (4) – on the weekend of the 18 – 19 August‚ 2001. They were staying in his Caringbah apartment on a custody visit‚ where Steven was living after separating with his wife Maria Chona two months prior. Ryan and Jarrod were given doses
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Case Brief By: Ashley Tam R. v. Martineau (1991)‚ 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant‚ Martineau‚ was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in
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trial R. V Latimer (1997) Robert was convicted for second degree murder although the Supreme
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Case: R v. Hebert Facts of Case Judges: Dickson‚ Robert George Brian; Lamer‚ Antonio; Wilson‚ Bertha; La Forest‚ Gérard V.; L’Heureux-Dubé‚ Claire; Sopinka‚ John; Gonthier‚ Charles Doherty; Cory‚ Peter deCarteret; McLachlin‚ Beverley Neil Hebert was suspected of having robbed the Klondike Inn. After the police located Hebert‚ they placed him under arrest and informed him of his rights‚ and took him to the R.C.M.P detachment in Whitehorse. Hebert contacted counsel and obtained legal advice regarding
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