LAWS 2302 Lecture Notes - Lecture 4: Actus Reus, Mens Rea, Pope Innocent Ii
3 Aug 2016
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Fault element: circumstances that it is being applied to (actus reus) Negligence compared to the standard requirement of a reasonable person. Failing to meet the threshold is the fault element: determining what the precise fault element requires, conceptual consideration, relation of fault element to the prohibited act a. i. Must be related to certain circumstances or consequences a. ii. Should extend to all elements of prohibited offence a. iii. More serious the offence, higher the threshold for mens rea a. iii. 1. Not always symmetry between mens rea and prohibited act a. iii. 1. a. Manslaughter = mens rea is same as assault, actus reus changes a. iv. Constructive murder violates s. 7 of the charter: subjective and objective b. i. Subjective fault element: requires crown to prove accused subjectively had required guilty knowledge in relation to specific circumstances or consequences b. i. 1. b. i. 2. Accused person had to know in relation to act. Infer subjective mental element based on evidence b. i. 2. a.
