CRIM 230 Lecture Notes - Lecture 5: Criminal Law Of Canada, Dangerous Driving, Mens Rea

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 230
• Professor: Simon Verdun- Jones

Document Summary

Crim 230 - lecture 5 - mens rea in criminal law: objective reliability. Unit investigates mens rea elements of certain criminal offences objective in nature. Underscores point that indiv can only be convicted of objective-liability offence under. Cc where prosecution can prove that there was marked departure from standard conduct expected of reasonable person acting prudently facing accused. Various offences involving criminal negligence (defined in s. 219 of cc) Ch begins w/ discussion of nature & scope of objective liability in canadian criminal law. Objective mens rea - not concerned w/ what was going on in accused"s mind. Rather, w/ what should have been there if accused proceeded reasonably. Canada, courts on longer impose strictly objective test. Scc ruled that modified objective test requiring consideration of accused subjective knowledge of material circumstances required under charter. Honest and reasonably held belief in existences of certain key facts may give rise to defense.