CRIM 230 Lecture Notes - Lecture 4: Actus Reus, Transferred Intent, Mens Rea
1 Jun 2017
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Document Summary
Crim 230 - lecture 4 - mens rea in criminal law: subjective liability. Unit 4 & 5 examine evolution & basic elements of legal concept of mens rea. Unit 4 - focuses on subjective mens rea requirements of. Shows that where mens rea requirements subjective, focus - on what actually went on accused"s head at time of alleged offence. Explores distinction b/w motive & intention & problems associated w/ need for prosecution to prove subjective mens rea in relation to many criminal offences. Analyzes interpretation by courts of certain technical terms requiring prosecution to establish particular state of mind in addition to intention and/or knowledge. Chapter begins by defining mens rea elements of criminal offence. Refers to all mental elements (other than voluntariness) that crown must prove to obtain conviction. Function of mens rea - to ensure that only morally blameworthy are convicted. Critical distinction b/w subjective & objective forms of mens rea.
