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Published byHeather Booker Modified over 9 years ago
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Statute LawCommon Law Statute LawCommon Law Constitutional Law Canadian Legal Hierarchy
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Break and Enter definition: A burglary; to break and enter onto another's premises, land or real property with the intent to there commit a crime, most typically theft What if nothing is broken? Case Law: 500 years ago you could be put to death For a B & E
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The Government passes a new law or statute to combat home invasions and B & Es Anyone found guilty of this crime shall be lashed 20 times with an electrical cord by the homeowner or a stand in of the homeowners choice plus a term of prison between 3 & 7 years.
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Shane appeals his sentence to be lashed The law is quashed! The Supreme Court rules the law/statute unconstitutional as it constitutes: “Cruel and unusual punishment” “Cruel and unusual punishment”
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Statute LawCommon Law Statute LawCommon Law Constitutional Law Canadian Legal Hierarchy Put to death for B & E Gov’t passes legislation in the Criminal Code of Canada for 20 lashes Supreme Court quashes law because it violates the Charter
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