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I.D.

DOCTRINE

Criminal conduct, including the state of mind, of employees and agents of the corporation is attributed to the corporation so as to render the latter criminally liable so long as the employee or agent in question is of such a position in the corporation that he/she represents its de facto directing mind so that the corporation is identified with the act of that individual.

NOTES

There need not be formal delegation for the identification doctrine to apply but the corporation is not liable where the directing mind acted in fraud of the corporation or where the act was intended to, or did result in, benefit exclusively to the directing mind.

Inchoate offences

R. v. Ancio [1984] 1 S.C.R. 225

FACTS

Ancio's wife had left him and was living with one Kurely.  Ancio called his wife on false pretences wanting to meet with her but she refused.  Ancio then broke into a friend's house and stole three shotguns, sawing off the barrel of one, loading it, and taking it along with some extra ammo to Kurely's apartment building.  Ancio broke the glass of the front door to enter the building.  Kurely, upstairs, saw Ancio coming and threw a chair at him.   The gun went off missing Kurely then they wrestled around until the cops arrived.  

ISSUE

What is the mental element required for proof of the crime of attempted murder?

HELD

Crown's appeal dismissed; C.A.'s order for a new trial confirmed.

RATIO

Mens rea for attempted murder cannot be anything less than the specific intent to kill.

NOTES

Section 24 defines an attempt as "having an intent to commit an offence." This is a general provision so we must "read in" the offence in question.

R. v. Sorrell and Bondett (1978) 41 C.C.C. (2d) 9 (Ont. C.A.)

FACTS

Two bozos set out to rob a fried chicken restaurant, going so far as to procure guns and ski masks.  The restaurant closed 15 minutes early that night so when the would-be crooks showed up, the door was locked.  They knocked on the door but the manager didn't let them in so they took off.  Police picked them up a short while later.  

ISSUE

Did going to the restaurant and knocking on the door constitute an act of attempted robbery by going beyond mere preparation?

HELD

No. Crown's appeal dismissed.

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