CRIMINAL LAW 1948-1958

Abstract

Rather than attempt to canvass all the developments in the criminal law since the enactment of the new Criminal Code, this article focuses on a few of the more important and controversial matters that have recently arisen in the area of substantive crimes. The author discusses generally the mens rea requirement, the defences of insanity and drunkenness, the position of people who are parties to the offence of murder and to attempts to commit crimes. He then discusses various aspects of specific crimes including gross indecency, obscenity, criminal negligence, driving offences and possession of property obtained by indictable offence. He illustrates how changes in procedural requirements and language in the Criminal Code can affect the substantive law, and argues for greater awareness of this fact in addition to even further legislative clarification of certain issues.