LAWS 2302 Lecture Notes - Lecture 4: Regulatory Offence, The Offence, True Crime
17 Jun 2016
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Contaminated water: the real erin brockovich. What a reasonable person would have understood, perceived or foreseen in a circumstance. Less concerned with the actual knowledge of the accused. Accused state of mind at the time of the commission (court tried to determine what the accused was thinking at the time of the offence) Only actual intention of knowledge of effects are relevant. The mens rea that the crown is required to establish in order to convict an accused of an offence (the person intended to commit the crime) Mens rea offences: the crown must prove actus reus and the direct intent beyond a reasonable doubt to convict. This category is for serious crimes that have a sentence of 10 years or more. Strict liability offences: the crown must prove actus reus and subjective intent beyond a reasonable doubt to convict, the accused has an opportunity to prove due diligence (the accused did everything possible to prevent the crime from occurring)
