CRM 2300 Lecture 15: LECTURE 15

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

Document Summary

Was the accused certain or substantially certain that his actions would lead to the prohibited consequence. C1, even if acts to achieve c2 still have subjective foresight of c1 =subjective foresight = intent. Honest but unreasonable mistake of fact means that you (cid:272)a(cid:374)"t k(cid:374)o(cid:449) it (no mens rea) and this is because of subjective testing. Having subjective foresight of the risk a(cid:272)(cid:272)used"s (cid:272)o(cid:374)du(cid:272)t (subjective) creates and the risk is one that a reasonably pro(cid:448)e(cid:374) perso(cid:374) (cid:449)ould(cid:374)"t take (objective element) Subjective test (both knowledge and intention are the most serious mens rea and are both handled with subjective testing) Subjective test (have to ask what was going on in his head) The a(cid:272)(cid:272)used"s has to suspe(cid:272)t there is a risk that she is(cid:374)"t consenting: 2. He has to realize the risk is pro(cid:271)a(cid:271)le she is(cid:374)"t (cid:272)o(cid:374)se(cid:374)ti(cid:374)g: court says yes, yes, 3.