CRM 2300 Lecture Notes - Lecture 9: Arson, Willful Blindness, Pawnbroker

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Vajmeh Tabibi

Document Summary

The mental elements in the criminal law: subjective liability recklessness and willful blindness. Objective element: consists of an unreasonable assumption of that risk- in the sense that a reasonable person acting prudently would not have assumed the risk that the accused forsaw (objectively did he take ll of the precautions) Reckless people deliberately choose to do something wrong. They need to have the culpable mindset. Requirments for establishing wilfull blindness: crown must prove: the a(cid:272)(cid:272)used (cid:373)ust ha(cid:448)e , 1. A subjective realization (person realized this was illegal and chose to do something wrong/ they are involved in directly with the conduct of the illegal activities : 2. Of the likely result of his action and: 3. Deliberately avoid actual knowledge while engaging in or pursuing the activity. Vinokurov: owner of a pawn shop in possession of stolen property (charged an convicted for being willfully blind. Need to prove that the accused had a cupable state of mind.