Canadian Criminal Law: A Treatise, Sixth Edition + CD-ROM

This title has been thoroughly updated. In the five years that have passed since the last edition was published there have been no major legislative attempts to make the substantive law more principled. Parliament has been engaged in adding new offences and in a worrying trend to add minimum prison sentences. General matters of substantive principle have been left to the courts. Major decisions additions addressed in this edition include: Supreme Court decisions in Beatty (dangerous driving and the marked departure test for crimes of objective fault), Morelli. (possessing child pornography on computer); Briscoe (definition of wilful blindness as deliberate ignorance and liability as aider); J.A. (a 5-4 majority controversially holding that person cannot validly consent to sexual activity in advance); and Tran (estranged wife having sexual conduct with another not allowing for partial provocation defence to murder) Court of Appeal rulings in Ludeucke (Ont.C.A.: sexsomnia cannot result in an automatism acquittal); Mabior (Man CA: failure to disclose HIV status not resulting in significant risk of bodily harm to vitiate consent); Maybin (BCCA: test for intervening cause); Shand (Ont.C.A.: restricting section 229( c) murder); Khawaja (OntCA - requiring proof of motive in terrorist offence not violating Charter); Ball (B.C.C.A.: co-principals); and Arcand ) (Alta.C.A.: criticizing disparities in trial sentencing)