CRIM 230 Lecture Notes - Lecture 7: Actus Reus, True Crime, Die Mannequin
10 Nov 2017
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De nition: comparing the behaviour to the standard reasonable person, for less serious criminal offences and most regulatory offences, reasonable person test, what should have been in the accused"s mind if the accused had been reasonable. Difference between carelessness and recklessness: recklessness: accused was aware/recognizes the risk, carelessness: does not subjectively recognize the risk but a reasonable person would have. Difference between regular and criminal negligence: only punishes people who are morally blameworthy, regular negligence: people that re negligent are not morally blameworthy. Therefore regular negligence is not criminal: criminal (penal) negligence: a marked departure from the standard of care expected of a reasonable person is morally blameworthy and can be a criminal offence. Objective mens rea: r. v. finlay. Accused"s conduct must be a marked departure from the standard of care of a reasonable person. Accused must be capable of understanding the situation mental capacity: r. v. creighton.
