LS202 Lecture Notes - Lecture 3: Mens Rea, Homicide, Halfway House
11 Apr 2016
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Subjective fault (mental element) = requires crown to establish that accused had required guilty knowledge in relation to circumstances/consequences based on contextual determination. Objective fault: requires only that a reasonable person in the accused"s position would have had the required guilty knowledge/would have acted differently. Modified objective standard: may demonstrate marked departure recognizes possibility that reasonable person may not have been aware/able. Purposely/willfully (subjective): highest lvl of subjective mens rea, when accused act with intent/purpose to achieve prohibited/willfully pursue such result. Knowingly (objective): slightly lower degree of fault. foresees/certain to result from an act. Recklessness (subjective): lower form, when person adverted to/become aware of risk of prohibited conduct. Negligently (objective): conduct that amounts to a marked departure from that of a reasonable person should"ve been aware of substantial risk. Marked departure standard = creates min. fault requirement, avoid violating s. 7 of charter and principles of fundamental justice. Parliament: free to lower fault standards for an offence and to criminalize negligence.
