The Rule against Multiple Fictions

Authors

  • Bruce Ziff

DOI:

https://doi.org/10.29173/alr1678

Abstract

The author explores aspects of the constructive mens rea found in the Criminal Code, primarily as these relate to accomplices to murder. By examining both basic principles of criminal liability in Canada and the rationale of constructive mens rea, the author seeks to expose the harshness of the current rules, which, when applied to accomplices, tend to compound constructive mens rea provisions. In result, the author proposes that the law adopt a 'rule against multiple fictions', designed to preclude that compounding.

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Published

1987-01-01

Issue

Vol 25, No 2

Section

Articles

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