Summary: R v. Martineau

FACT: The accused was a car driver, took the offender to the murder scene, and helped him escape. Article 21, Paragraph 2 of the Penal Code (intentional robbery) Although the defendant was not present during the robbery or murder case, if he leaves the escape vehicle, he will face the threat of death

Ratio: Applications. Figure 17 is limited to cases where a person trying to trust himself commits a crime as a criminal. Common law or judicial defense defense is applied to those who committed a crime as a party to crime.

• If it is not clear whether the defendant is the main criminal or the criminal party, the judge needs to direct the jury to a common law on legal defense and enforcement of compulsion of the Code.

Article 17 uses a specific word "criminal". The word "person who is a party to crime" is not used.

According to the phrase of Article 21 (1), this is very important, in paragraph (a), a person makes a person a party to "actual promise".

Since the purpose of the Canadian Penal Code is to maintain symmetry between insults of convictions and punishment and moral responsibilities of criminals, the Supreme Court of Canada has agreed in R v Martineau's case that Articles 7 and Under Article 11, we insisted that this was fundamental. Principle of justice (d) Canadian rights and freedom charter argues that convictions of murder require proof beyond the doubt of subjective death's vision. In doing so, the court declared that Article 230 and 229 (c) of the Penal Code are unconstitutional

Rong Wong; R v Leung: The judgment of this guide on messenger and the distribution of drug crime committed by the lower rank of import organization refer to the statutory requirement of the judgment court in consideration of the age of the offender. 203 R v Wong; R v Leung was overthrown by v R v Ponfield, but this leadership decision at rest, entry, and theft is that young people and young people "obviously related to this particular crime "A criminal group pointed out by a glove judge, but said," Rehabilitation of young people is emphasized when deciding sentences that are believed to be axiomatic ", said the criminal group. .

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