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Leary V. The Queen
''R v Leary'', [1978] 1 S.C.R. 29, is the leading Supreme Court of Canada decision on the use of Substance intoxication, intoxication as an excuse to criminal Legal liability, liability which created what is known as the "Leary rule". The Court held that when the accused was found to be sufficiently intoxicated at the time of the offence to be unable to form the "minimal mental element" required for a general intent offence, they may still be held liable as the act of inducing intoxication can be substituted for the requirement of ''mens rea''. Aftermath The "leary rule" was later challenged in the case of ''R v Daviault'', where an exception to the rule was made for when the accused was so intoxicated he was in a state akin to automatism. See also * List of Supreme Court of Canada cases * ''R v George'' External links full text at CanLII.org Supreme Court of Canada cases Supreme Court of Canada case articles without infoboxes 1978 in Canadian case law Canadian criminal case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
