R. V. Charemski Case Study
analytical Essay
1289 words
Case Studies (Textbook pg. #129-131)
R. v. Martineau
Men rea is used in determining whether an act is considered a crime, and is applied to an act if there is indication that the act was committed with intent or knowledge or a degree of recklessness. The mens era of murder is having malice intentions prior to killing someone, so the person has an intent to murder. The argument that helps support that Martineau did not have the mens rea for murder, is the fact that he did not shoot the couple, and instead it was his friend Tremblay who had fried the pellet pistol. Martineau cannot be held accountable since he had no malice intentions to kill the couple, his intentions were strictly centred with the break and enter, there is no evidence
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In this essay, the author
- Defines provocation as the actions taken or speech made to deliberately annoy or anger someone. provocation is applied to law when an individual loses control and commits a violent crime.
- Argues that martineau did not have the mens rea for murder, since he had no malice intentions or a motive to kill the couple.
- Explains subjective foresight refers to the issue of mens rea or intent. the prosecutor must prove beyond a reasonable doubt that the accused had intent of their crimes.
- Explains that in criminal law, causation is the connection of conduct and physiological behaviour with a resulting effect. the supreme court upheld the court of appeal's decision to order new trial.
- Compares the two cases of r. v. parent and thibert. both cases were different because of the circumstances and the accurate application of provocation.
This requires the prosecutor to contemplate and analyze the thought process and the psychological state of the person during the time of the crime. The conclusions of the motivation behind the accused actions is drawn from the evidence that is collected from the case. It also is a term used to refer to the removal of the stigma between murder and punishment, and the moral character of the accused.
R. v. Charemski
Causation is the cause of death, and in criminal law it is the connecting of conduct and physiological behaviour with a resulting effect, typically a serious injury or death. The analysis of the actus rea and mens read of the accused will assist the investigators in pinpointing the causation of the murder. In criminal law it is absolutely necessary to prove causation in order to convict an individual for first degree murder.
Crown must prove the causation of death in order for the charge of murder to be made out. Since, without full awareness of the cause of the death the Crown will have no ability in deciding on to whom and what murder charge should be
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In this essay, the author
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- Explains that intention as purpose expresses a purpose to commit the crime against someone.
- Opines that knowing that the actions would result in a crime would not lead to the one which has been committed.
- Explains that recklessly disregards the risk, knowing that there would be a certain result.
- Illustrates the mens rea in that there is intent. conversely, if someone threw an object at a wall which rebounded, this would not have the same effect.
- Concludes that the actus reus of a crime is complex in that it is the conduct of the act which is seen as wrong.
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- Explains that parliament has the power to create new law or repeal law. the judiciary can reform law, and the echr has pre-eminence over uk legislation.
- Explains that legal personality begins when a person is fully born and independent from their mother.
- Explains that legal rights have evolved and evolved in society, and legal personality has evolved due to societal developments.
- Explains that a person suffering from mental illness will have limitations to their legal personality.
- Explains that actus reus is the conduct of the act, and must be voluntary to cause damage or a wrong.
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In this essay, the author
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- Explains that to plan or deliberate is premeditation. there must be a period of time for the person to form the intent to kill.
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In this essay, the author
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- Explains that first-degree murder is premeditated and planned. the intent is that murders must have the specific intent to end another’s life
- Opines that the need for deliberation and premeditation does not mean the perpetrator must contemplate at length or plan far ahead of the murder.
- Explains that first-degree murder is punishable by life in prison, life without parole, and death by electric chair or lethal injection.
- Explains that felony murder is a "strict liability" crime; no mens rea is required.
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