Calgarypuck Forums - The Unofficial Calgary Flames Fan Community - View Single Post - Two Albertans charged with murdering 4 mounties...

blankall · 07-09-2007, 12:30 PM

I'm not a criminal lawyer, but I did to very well in my crim class in law school.

Basically the issue is this. You cannot charge someone with murder without showing some degree of mens rea. You cannot deny someone of their basic charter rights to liberty of person under sec 7 of the charter without proving some kind of mens rea. The degree of mens rea required is relative to the nature of the crime and the punishment. Anytime there is an automatic jail sentence you will need to show some mens rea.

This case is complicated in the fact that murder, unlike, manslaughter carries an automatic life sentence. The law seems to be quite clear that murder is the only possible conviction here.

I think it is very possible that these people could be charged with murder. Some degree of intention will most likely be needed in order to justify a life sentence. This will depend on how forseeable it was for their actions to lead to the deaths of these police officers. For instance, if these people supplied them with guns, I think it is very likely that they will be convicted.

07-09-2007, 12:30 PM	#8
blankall Ate 100 Treadmills Join Date: Mar 2006 Exp:	I'm not a criminal lawyer, but I did to very well in my crim class in law school. Basically the issue is this. You cannot charge someone with murder without showing some degree of mens rea. You cannot deny someone of their basic charter rights to liberty of person under sec 7 of the charter without proving some kind of mens rea. The degree of mens rea required is relative to the nature of the crime and the punishment. Anytime there is an automatic jail sentence you will need to show some mens rea. This case is complicated in the fact that murder, unlike, manslaughter carries an automatic life sentence. The law seems to be quite clear that murder is the only possible conviction here. I think it is very possible that these people could be charged with murder. Some degree of intention will most likely be needed in order to justify a life sentence. This will depend on how forseeable it was for their actions to lead to the deaths of these police officers. For instance, if these people supplied them with guns, I think it is very likely that they will be convicted.