In the case, R. v. Hibbert , the appellant is Lawrence Hibbert and the respondent is Her Majesty, the Queen. Although there are multiple legal issues outlined in this case, the legal issue that is of concern is focused on the mens rea of party liability under s. 21 , and the meaning behind the phrase “for the purpose of aiding”. This case is significant due to the fact it highlights the interpretations of particular terms, which ultimately lead to a new trial. The Ontario Court of Appeal dismissed the accused’s appeal from his conviction for aggravated assault. However, the accused made a second appeal on the ground that the trial judge’s charge to the jury on the issue of duress contained several errors. The accused was granted the appeal and a new trial was ordered. A lot of the discussion in this appeal revolves around the element of duress and the role it has as a defence to criminal charges. Case Background Fitzroy Cohen, a close friend of the appellant, was shot four times on the evening of November 25th, 1991. A drug dealer named Mark Bailey shot him in the lobby of his apartment building. The appellant, Lawrence Hibbert, accompanied Bailey during the incident. Cohen survived the shooting and Hibbert was charged with attempted murder, as a party to the offence. At trial, the appellant testified that on the night of the shooting he had unexpectedly ran into Baily, who indicated to him that he was armed with a handgun and ordered the appellant to take him to Cohen’s apartment. When Hibbert refused, Bailey punched him in the face several times. The appellant stated that he feared for his life and believed that Bailey would shoot him if he did not cooperate with him. Bailey drove the appellant to a telephone booth, where t... ... middle of paper ... ...e of R. v. Hibbert, such as “purpose”, “intention”, “desire”, etc. For instance, the term “purpose” found in s. 21 (1) (b) may have a different meaning in another section of the Code or in another statute. It is important for the interpretations behind of these words to remain open, especially in respect to the mens rea. Conclusion To conclude, the Supreme Court of Canada made a valid decision to associate the term “purpose” to “intention” when examining the expression “for the purpose of aiding” in s. 21 (1) (b) of the Code because it reflects the mental state of a person (mens rea), as opposed to the term “desire”. Essentially, I believe it was fair for the SCC to grant the appellant a new trial based on the new interpretation they provided. Works Cited Lawrence Hibbert, appellant v. Her Majesty The Queen, respondent [1995] 2 S.C.R. 973 CCC (3d) 1
The applicant Mr. Arthur Hutchinson was born in 1941. In October 1983, he broke into a house, murdered a man, his wife and their adult son. Then he repeatedly raped their 18-year old daughter, having first dragged her past her father’s body. After several weeks, he was arrested by the police and chargedwith the offences. During the trial he refused to accept the offence and pleaded for innocence. He denied accepting the killings and sex with the younger daughter.
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
Justice was not served in the controversial nature of the Bernhard Goetz subway shooting trial. After shooting four black teenagers, Bernhard Goetz turned himself into the police in Concord, New Hampshire. He was denominated, “The Subway Vigilante”. This case was brought to court approximately two years later, where Bernhard Goetz would ultimately be voted guilty of one count of illegal firearms possession, and served just six months in jail. Following the trials, questions are still being asked if justice has been served.
R. v. Martineau, [1990] 2 SCR 633 (n.d.). In Judgements of the Supreme Court of Canada.
In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
Stella challenged against the verdict of the court under section 46 of Canadian Legislation for the violation of the section 1(b) of Bill of Rights. In her grievance she protested against the very discrimination between the sexes in the legislation. Bliss claimed that the law has violated its right of maintaining...
In terms of offences that require mens-rea or intent as a constituent element, a condition which prevents an individual from forming the necessary mental condition is generally taken as an excuse and this explanation has been accepted by number of theorists of criminal law and on basis of this I would like to refer some judgments of Common Law Context.
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
Accessed 16/03/2012. http://www.law201.co.uk/95.pdfaccessed on 16/03/2012. http://www.oup.com/uk/orc/bin/9780199219742/01student/mindmaps/loveland_mindmaps_royal_prerogative.pdfaccessed on 17/03/2012. http://www.justice.gov.uk/royal-prerogative.pdf accessed on 17/03/2012. http://www.justice.gov.uk/royal-prerogative.pdf accessed on 18/03/2012.
Hird and Blair, ‘Minding your own business – Williams v Roffey revisited: Consideration reconsidered’ [1996] JBL 254
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
the case. The ratio of a case is binding on lower courts but may not