IS 202 Lecture 4: Week 4
15 Jan 2019
School
Department
Course
Professor
Document Summary
Actus reus : voluntarily, commit an act, intent, failure of omission. Duty of care: imposed legally or taken it on (self imposed, crimes have to be in cc. Except : contempt of court: establish causation, need to coincide = guilty act / gusty mind. Can be a defence: mens rea either be subjective or objective quote slide 3. Forethought: subjective mens rea: what the accused had in its head - individual. Intended the consequences of his acts or knowing of the consequences. Polygraph not always admissible: japan is 90% convection rate: people confess. Subjectively realized their conduct might result in a consequence: objective mens rea: what other had in mind - group. Based upon a comparison on the accused actions of a reasonable person. Marked departure (criminal liability: mere vs marked, mere = civil. Doesn"t meet the requirements under fundamental justice. Careless driving vs reckless driving: marked = criminal, r. theroux.
