CRIM 230 Lecture Notes - Lecture 5: Mens Rea

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

Document Summary

Defences based on lack of choice to do something wrong. R. v. malihot (starts masturbating another person) Crown has to prove that the accused wilfully committed an indecent act in a public place in the presence of one or more persons, excluding those who participated in the activity. The test is whether there was a marked departure from the standard of care expected of a reasonable person acting prudently in the same circumstances as the accused. Some forms of mens rea may consist of both objective and subjective mens rea.