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eBook details

• Title: Anger, Provocation, And the Intent for Murder: A Comment on R. V. Parent (Canada)
• Author : McGill Law Journal
• Release Date : January 01, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 287 KB

Description

The Supreme Court's decision in R. v. Parent raises important questions about the effect of anger on the intent for murder. The Court's decision suggests that, outside the defence of provocation, anger alone is insufficient to vitiate the intent for murder. The author is critical of the Court's approach to the impact of anger on murderous intent. He argues that the question of whether anger is capable of negating the intent for murder should be left to the jury to decide on the facts. In the author's opinion, the Court's reasoning it is at odds with settled law relating to the intent for murder. He indicates that this tension may be related to its concern with the scope of the provocation defence, and its failure to distinguish between the two intents for murder in paragraph 229(a) of the Criminal Code. This is significant because the intent in subparagraph 229(a)(ii), which requires knowledge of likely death, may be more susceptible to anger than a simple intent to kill in subparagraph 229(a)(i).

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