LAW592
Advanced Criminal Law
(Beresh)
Prerequisite courses:
Prerequisite for:
Instructor(s): Brian A Beresh, QC
Course credit: 3
Method of presentation: Lecture / Seminar
METHOD OF EVALUATION
The primary method of evaluation in this course is a paper worth 75% of the Grade.
The remainder of the grade in the course will be made up of:
Class participation worth 25%
COURSE DESCRIPTION
This course builds upon the students’ knowledge gleaned from first year criminal law and constitutional law courses. Its focus is an in-depth examination of criminal law defences including self-defence, intoxication, mental disorder, automatism, provocation, necessity, duress, defence of property, entrapment, accident, mistake of fact (law) and consent. It explores the distinctions between true criminal law defences, exemptions, justifications and excuses. The course also covers the law relating to parties to an offence, which includes an examination of s.21 of the Criminal Code, the law relating to aiding and abetting, counselling a crime, conspiracy and accessories after the fact. Throughout the course, the distinct effect of the Charter of Rights on defences and parties in the criminal justice system will be considered.
This course encourages discussion about the present state of the law, its successes, failures and attempts to improve and adjust to the changing mores and values of modern society with the hope that justice can be attained in every case. Throughout the course we will discuss those ethical issues which may potentially arise from the engagement of the defences raised.
SPECIAL COMMENTS
Description updated 2015-16. Please contact the instructor for any specific questions you may have related to this particular course section.
REQUIRED TEXTS (IF ANY)
Casebooks