CRIM 230 Lecture Notes - Lecture 5: Assault Causing Bodily Harm, Culpable Homicide, Criminal Negligence
29 Aug 2016
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Document Summary
Chapter 5: the mental element in the criminal law: objective liability. Objective liability: refers to the imposition of criminal liability on the basis of the standard of the hypothetical reasonable person rather than the subjective state of mind of the accused person. Crown has to prove only that the accused person"s conduct constituted a marked departure from the standard of care expected from a reasonable person if the offence incorporates objective mens rea. Crown is not required to prove that the person was subjectively aware of the risk. Does not take into account what went on in the accused mind regarding the risk that his conduct was creating. Objective mens rea involves failing to think of risks which a reasonable person would have appreciated. Objective mens rea is not concerned with what was actually in the accused mind, but with what should have been there, had the accused proceeded reasonable.
