CRM 2300 Lecture Notes - Lecture 6: Aggravated Sexual Assault, De Minimis, Mens Rea
24 Apr 2015
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The special test of causation applied to first degree murder. The case of intervening acts: very challenging, when an intervening act or event occurs between the accused"s initial wounding of the victim and the victim"s subsequent death. Operative wound: prove by the crown: reid (2003): kicked and punched the victim (mackay, charged with manslaughter but appealed, intervening event: removal of kidneys. Chapter 4: the mental elements in the criminal justice law. Mens rea: introduction: definition of mens rea: all of the mental elements (other than voluntariness) that the. Its function: to ensure that only the morally blameworthy are convicted. Subjective mens rea: basic forms of subjective mens rea are, intention/knowledge, recklessness, willful blindness. Objective mens rea: the fault: the accused failed to live up to the standards of care expected of a reasonable person. Intention: direct intention: refers to intention of an individual acting with the desire, purpose, aim, objective, or design to achieve a certain consequences.
