LAWS 2302 Lecture Notes - Lecture 3: Mens Rea, Actus Reus, Strict Liability
Document Summary
Mens rea: mental state of person committing harm! Motive not considered a component of the mens rea of an offence! But see terrorist activity de nition in s. 83. 01 doing something for a purpose! Certain code provisions refer to acts committed for a particular purpose (e. g. s. Hibbert: purpose is a capable of two meanings; either intention or desire ! Did this accused actually intend, know or foresee the consequence/circumstance. Not a question of could , ought or should have foreseen! Nothing to do with accused"s system of values! Creighton, all criminal code offences fall into 1 of 3 categories of requisite fault:! Did this accused actually intend, know or foresee the consequence/ circumstance. Crimes of objective fault (rare)! (i. e. should the accused have foreseen )! Offences based on predicate offences (rarer): subjective mens rea offences! Charter s. 7 provides some guarantees that criminal offences require subjective fault! Beaver rule: all crimes have subjective fault element unless parliament expressly says otherwise!
