CRM 2300 Lecture 8: CRM2300 Lecture 8: Objective Liability: Mens Rea

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Introduction would have done if they were in the same situation as the accused: based on the hypothetical responsibility of a reasonable person, look at the facts of the case to determine what a reasonable person. Objective mens rea: concerns with (cid:498)what should have been in the mind of the accused, had the accused proceeded reasonably(cid:499) Crown must prove: the accused person(cid:495)s conduct felly below the standard. Should the court take into account the personal characteristics of the accused person: no, we will not take into account the personal characteristics (beliefs) because people come from a variety of backgrounds and characteristics. As soon as you tailor to personal characteristics your objective test is gone: however, when it comes to sentencing they do consider it. Driving offences: dangerous driving: section 249 (1) of the ccc. When you occupy the driver(cid:495)s seat and your driving constitutes.

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