LS202 Lecture Notes - Lecture 4: Arson, De Facto, Dan Scott
23 Feb 2017
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The mental element of criminal law: subjective liability. Two types of mens rea requirements in canada: subjective, objective. Accused persons must have: deliberately intended to cause certain consequences, subjectively realized that their conduct might result in prohibited consequences and proceeded with their actions, based on subjective perception of accused person. Crown would have to prove that the person knew something was dangerous. Based upon a comparison of the accused"s actions with those of a reasonable person in the same circumstances, same circumstances and the same knowledge. Crown would have to prove that a reasonable person would not have done the act, don"t have to prove the accused"s intent. Fault based on failure to identify a risk that a reasonable person would have appreciated. Most serious punishments require subjective mens rea to be proven. Assumption that parliament intends to require proof of subjective mens rea.
