meterclicks
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- May 23, 2013
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The Crown submits that Smich was an aider or abettor here. The jury has to figure out if he had the intent to kill, or an intent to cause bodily harm, while aiding and abetting the principal.
by Adam Carter 12:32 PM
The Crown has gotten to Smich's state of mind, Code says, by making allegations about Millard and Smich's relationship, the knowledge and testing of the Eliminator, his involvement in cremating something on July 23/24, and his statements about "killing a girl."
by Adam Carter 12:34 PM
"Remember that the Crown need not prove both of these subjective mental elements or states of mind. One will suffice. Furthermore, you need not all agree on the same state of mind, provided you all agree on the particular accused you are considering had one or the other of these two alternative states of mind. If you unanimously agree that Mr. Millard and/or Mr. Smich had one or the other of these two states of mine, then the Crown will have proved the lesser included offence of second-degree murder in relation to that accused. You would then go on to consider the greater offence of first-degree muder in relation to that accused. If you have reasonable doubt in relation to both of these alternative states of mind in relation to one or both of the accused, then you must find that accused not guilty of second-degree murder but guilty of manslaughter, and you would proceed no further in your deliberations in relation to that particular accused," Code says.
by Adam Carter 12:39 PM
by Adam Carter 12:32 PM
The Crown has gotten to Smich's state of mind, Code says, by making allegations about Millard and Smich's relationship, the knowledge and testing of the Eliminator, his involvement in cremating something on July 23/24, and his statements about "killing a girl."
by Adam Carter 12:34 PM
"Remember that the Crown need not prove both of these subjective mental elements or states of mind. One will suffice. Furthermore, you need not all agree on the same state of mind, provided you all agree on the particular accused you are considering had one or the other of these two alternative states of mind. If you unanimously agree that Mr. Millard and/or Mr. Smich had one or the other of these two states of mine, then the Crown will have proved the lesser included offence of second-degree murder in relation to that accused. You would then go on to consider the greater offence of first-degree muder in relation to that accused. If you have reasonable doubt in relation to both of these alternative states of mind in relation to one or both of the accused, then you must find that accused not guilty of second-degree murder but guilty of manslaughter, and you would proceed no further in your deliberations in relation to that particular accused," Code says.
by Adam Carter 12:39 PM