Murder: Subjective or Presumptive?ThesisTo convict one of murder, there must be subjective intent for the defendant to be found guilty. Since murder is the most heinous crime under the law, all defendants should have the right to be innocent until proven guilty. There must be verifiable evidence to prove mens rea.Profile of the LawCriminal Code s.230(a) “one who intends to cause bodily harm for the purpose of (i) actually committing the offence, or (ii) planning his escape after committing or attempting to commit the crime, and death results from personal injury;” (Criminal Code of Canada) Charter of Rights and Freedoms s. 7 “Everyone has the right to life, liberty and security of person and shall not be discriminated against or segregated from the fundamental principles of freedom”. (All about the law). Charter of Rights and Freedoms s.11 (d) Any citizen accused of a guilty crime has the right to be innocent until proven guilty. (Canadian Charter of Rights and Freedoms)Parent 2General SummaryOn an evening in February 1985, fifteen-year-old Roderick Martineau and his friend Patrick Tremblay planned to break into another citizen's home and rob him. For safety, the boys armed themselves with weapons, but never thought of actually using them. Martineau carried a pellet gun and Tremblay carried a rifle. During the break-in, Tremblay killed both residents of the home (Mr. and Mrs. McLean). When Martineau asked him why he did it, Tremblay replied "I didn't have my mask on and they saw my face." Martineau was charged with second-degree murder under Code Section 213; however the question is whether or not he was arrested on the correct charge. Jud... center of paper... evidence showing mens rea. The terms mens rea mean guilty act, and if there is no evidence to show that mens rea is shown in this case, then the arrest should not continue. None of the men committed a culpable act of murder. Vaillancourt was found not guilty and the court ruled that the defendant was not responsible for the victim's death. The only conviction that should have been made was trespassing for both men. No murder was planned. Work cited Canadian Charter of Rights and Freedoms (1985). In the justice law website. Retrieved May 12, 2014 Criminal Code of Canada (1985). In the justice law website. Retrieved May 12, 2014R. v. Martineau, 1990 CanLII 80 (SCC), [1990] 2 SCR 633, retrieved 05-04-2014. v. Martineau, [1990] 2 SCR 633 (n.d.). In the decisions of the Supreme Court of Canada. Retrieved May 12, 2014