A Police officer on trial for murder was once asked if he intended to kill the assailant where the intent to kill was the requisite guilty mind to be found guilty in committing murder. He said he intended to carry out the orders he was given to use deadly force as it was deemed necessary by a commanding officer whose orders he followed where the assailant was wielding a knife on a public transit vehicle. It was a jury trial. The assailant was allegedly dead. The officer did not have the requisite men's rea, intent or guilty mind to be criminally responsible for murder. The Crown should have decided there was no reasonable prospect of conviction on the day before jury deliberations and should have withdrawn. There was no other act or unlawful offence committed under the criminal laws of Canada except carrying out the orders of a senior commanding officer where deadly force is required to ensure public safety in some situations. Juries are not students of the law like Judges. They are not required to understand the law but they are supposed to be properly instructed as to what involves the requisite intent and what illegal action is required. The officer was found guilty for attempted murder in a mistrial as the jury entered the wrong verdict for a murder trial. Attempted murder is a verdict entered when the alleged victim has not succumbed to his injuries. Due to the mistrial, he was not convicted.

A Police  officer on trial for murder was once asked if he  intended to kill the assailant where the intent to kill was the requisite guilty mind to be found guilty in committing murder.  He said he intended to carry out the orders he was given to use deadly force as it was deemed necessary by a commanding officer whose orders he followed  where the assailant was wielding a knife on a public transit vehicle.   It was a jury trial. The assailant was allegedly dead.  The officer did not have the requisite men's rea, intent or guilty mind to be criminally responsible for murder. The Crown should have decided there was no reasonable prospect of conviction on the day before jury deliberations and should have withdrawn. There was no other act or unlawful  offence committed under the criminal laws of Canada except carrying out the orders of a senior commanding officer where deadly force  is required to ensure public safety in some situations.  Juries are not students of the law like Judges. They are not required to understand the law but they are supposed to be properly instructed as to what involves the requisite intent and what illegal action is required.   The officer  was found guilty for attempted murder in a  mistrial as the jury entered the wrong verdict for a murder trial. Attempted murder is a verdict entered when the alleged  victim  has not succumbed to his injuries. Due to the mistrial, he was not convicted.  

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