PHILOS 2Q03 Lecture Notes - Lecture 17: Criminal Law Of Canada, Actus Reus, Mens Rea
31 Mar 2018
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The burden of proof: the crown has to prove the guilt beyond a reasonable doubt. The burden itself means being responsible for demonstrating the truth or falsity of a claim. Section 11 of the charter says: any person charged with an offence has the right to be. In canadian criminal law, it is the crown who has this burden presumed innocent until proven guilty. Intentionally : knew / understood how they were acting, meant to act in that way. Some crimes has many different standards of mental involvement than just knowing" or. Willful blindness : when you intentionally close your mind to the acts surrounding that action. **some crimes do not require mens rea at all** ie: manslaughter. Offences with no mental component (no mens rea: absolute liability. If they can prove the actus reus, it is over and there can be no defenses raised: strict liability. The prosecution is only required to prove the actus reus of the offence.
