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Mens Rea.docx

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Legal Studies
LS 202
Frances Chapman

LS 102 Criminal Code - Mens Rea JAN 29 - Requirement that a guilty mind accompany the act that constitutes a crime - Intent to do act knowing the consequences, OR proceeded with reckless disregard (impaired) - Murder is only murder if the accused means to cause death/bodily harm  Knew of consequence - Only convict people who are “morally blameworthy”  Keep out certain people who don’t deserve to be blamed “innocent must not be punished” – Justice Lamer  Fundamental principle of justice 2 MENS REA IN CANADA Subjective - What was thought in mind when committing offence - Intended to bring consequence and realized there would be consequence - Forms of intent: 1. Intent/knowledge (fully aware)  Assault “a person commits an assault intentionally applies force to another person”  Murder “planned and deliberate” difference between first degree (planned and carefully thought out, or murder of anyone in law enforcement on duty) and second degree (in the moment, impulsive)  Indirect intention: foreseeing consequence is certain in act he does to achieve some other purposes, intends that consequence  Blowing
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