LAW 142 Lecture Notes - Lecture 6: Human Frailty, Reasonable Person, Sodium Bicarbonate
Document Summary
Mens rea is part of fault element (crime has an act element and a fault element that goes along with it some kind element that reflects moral blameworthiness) Subjective mens rea: question of what is in accused mind. Or objective fault negligence: holds accused to standard of negligence, if accuses failed to take reasonable precautions. E. g. intending to do something, or knowing something (shooting someone with intent to kill) (knowing drug cases, did accused know that what he had was drugs?) Some offences specify a fault element of subjective mens rea in the code: murder provisions, see reference to person of guilty of murder when mean to cause death of person. Moral blamesworthy nothing to feel blame about, did nothing wrong. Accident": driving same speed but play with dials, and that"s when hit person reasonable person know look at road always, fault on objective standard, conduct was negligent.
