CRM 200 Lecture Notes - Lecture 9: Extortion, Mens Rea, Mescaline

• School: Ryerson University
• Department: Criminology
• Course: CRM 200
• Professor: Daniel Alati

Document Summary

Mistake of fact and provocation: mistake of fact connected to the mens rea of the particular offence, a state of circumstances that can make it difficult for the crown to prove the offence beyond a reasonable doubt. If the fault element is objective, then the mistake of fact: mistake of fact and drug offences, v. beaver (1957) require knowledge of the fault element pertaining to drug offences. Supreme court says that because the fault element is objective, it must be proven that he honestly thought he had consent. Lost the case and was convicted: v. seaboyer (1992) tried to challenge the constitutionality of rape cases at the time. Challenged section 277 and 276 of the criminal code as it existed at the time. 277: placed a ban or prohibited an accused from raising a defence. Courts held that the section was constitutional as the victim"s sexual history will not be relevant in raising a defence.