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Old 12-14-2005, 08:55 PM
Gamblor Gamblor is offline
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Join Date: Jan 2003
Location: Toronto
Posts: 2,085
Default Re: Mens rea

For the sake of all of our sanities, I'll ignore the fact that you once again missed the point that the Canadian Criminal Code was being used only to explain the legal principles that underlie the claim of murder and not as the binding legislation by which the Nazis ought to have governed themselves. I'll further refrain from pointing out to you that almost all Western Democratic Criminal Codes are derived from the Common Law criminal jurisprudence of 16th through 19th century Great Britain, which were the best codification of legal principles before they began to be legislated by statute.

I'll instead focus on this sentence: If I dress up like a ghost and say "boo, you're gonna die" and three days later you die of a heart attack, I guess that makes me a murderer too according to your less than stellar legal opinion.

That's not even murder in Canada, unless the victim is particularly old and frail, or an infant. The harrassment issue takes effect when the threat is reasonably credible, such as a credible threat to expose you to the world as a Nazi, which in turn would alienate you from all you hold dear, and you take your own life.
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