Don't Carjack in Kansas City.

[Flubber]

Because none of it would have happened without the attempted carjacking. Don't they have the concept of mens rea in Canada?

WE do-- she formed no intent

[KrazyHorse]

The question should be about sparky's understanding of canadian law, rather than canadian law itself.

[Felch]

WE do-- she formed no intent

My point about mens rea is that the actions aren't the only basis for a crime. The driver's state of mind is an important element. Without a guilty mind, there isn't a crime.

[Uncle Sparky]

The question should be about sparky's understanding of canadian law, rather than canadian law itself.

That's Uncle Sparky to you, boy! The self defence arguement is valid (as an arguement) pertaning to the injuries to the car jacker. While she did not form intent, her action behind the wheel, had they caused injury to a third party, would have been criminal.

[KrazyHorse]

No it wouldn't have. In fact, in many jurisdictions, any injuries to an innocent third party caused by a victim in a valid attempt at self-defence are the liability of the person who originally engaged in a criminal act by threatening the victim's life. In order to demonstrate liability of the victim, you would have to prove recklessness, negligence, or intent to injure the third party none of which are apparent in this case.

I have no respect for you because you're an ignorant, bloated windbag.

[Felch]

It's the same line of reasoning as felony murder.

[Uncle Sparky]

No it wouldn't have. In fact, in many jurisdictions, any injuries to an innocent third party caused by a victim in a valid attempt at self-defence are the liability of the person who originally engaged in a criminal act by threatening the victim's life. In order to demonstrate liability of the victim, you would have to prove recklessness, negligence, or intent to injure the third party none of which are apparent in this case.

I have no respect for you because you're an ignorant, bloated windbag.

First, I've been relatively succinct. Second, I have played bagpipes, so you're close on that one. Finally, your mother dresses you funny.