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Vol 23 No 5 May/June 2018

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Learning Canadian Criminal Law 12th ed.

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ISBN13: 9780779849253
Published: March 2012
Publisher: The Carswell Company Ltd.
Country of Publication: Canada
Format: Paperback
Price: £98.00

Despatched in 11 to 13 days.

This comprehensive text provides vital background information and a coherent structure for understanding the law. Focusing on the substantive aspects of the criminal justice system and the trial context, this casebook covers the adversary system, how the elements of crime are proven, defences and sentencing practices. Features include a concentration on the main sources (including the Criminal Code), key judicial decisions and critical review, judicious editing of the increasingly lengthy reasons for judgment in major cases, an extended introductory section and problems based on actual decisions or designed to provoke thought on current social issues. This edition rests content with the major structural changes made in the 10th edition. Apart from the usual clarifications and updates, the major additions are: •2008 Senate bill to repeal s. 43 (authorising physical discipline of children); •Revised notes on procedural classification of offences and on different uses of the term "evidentiary burden"; •Supreme Court decisions in: –J.H.S. (criticising the W.D. formula for reasonable doubt) –J.F. (marked and substantial departure from norm test for criminal negligence) –Beatty (modifying marked departure from norm test for dangerous driving) –Daley (degrees of intoxication) –Dery (no crime of attempted conspiracy) •Ontario Court of Appeal rulings in –Luedecke (sexsomnia to result in NCR-MD finding) –Mullins-Johnson (no verdict of factual innocence) –Chalk (control for possession of child pornography) –Kubassek (de minimis non curat lex) –Talbot (simplifying causation) –Humaid (race and provocation) Dissenting judgment of Wittman J.A. of the Alberta Court of Appeal in Kong (accepted by the Supreme Court as the proper interpretation of self-defence provisions in s-ss.34(1) and (2)).