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R v Finta, [1994] 1 SCR 701

Facts:

F charged with 8000 counts of unlawful confinement, robbery, and manslaughter, during a war. War crimes against humanity – s.7(3.71)

Issue(s):

Whether the conduct is sufficiently blameworthy to merit the punishment and stigma that will ensue upon conviction for that offence? (R v Vaillancourt)

Ratio:

The requisite mental elements of a war crime or crime against humanity should be based on a subjective test

Analysis:

AR: Inhumane act = inhuman, uncivilized, not humane, destitute of compassion for suffering.
**Inhumanity means some kind of treatment that is unnecessarily harsh in the circumstances.
**The standard is viewed objectively – if in the time of war it would shock the conscious of people.

MR: the accused was aware of or willfully blind to the circumstances that would bring his or her actions added dimension of cruelty.


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