CRM 2300 Lecture Notes - Lecture 16: Actus Reus, Criminal Negligence, Mens Rea
18 May 2016
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The fault: the accused failed to live up to the standards of care expected of a reasonable person. More blameworthiness involved with the subjective mens rea: civil negligence: carelessness (minimal deviation, penal negligence: blameworthiness (mark deviation) Sometimes we can all agree that certain conduct is reckless and some not, so there is a minimal standard. So she starts going 120 cause he wanted to pass her: so it was careless, but is something would have happened, they both would have been charged with careless driving. But lets say they killed someone, that would be then she would have been charged with dangerous driving. So objective test is so broad and everyone has an opinion so they need a test that will apply to everyone. So her defense was that she didn"t know the baby would be born dead for the first 10 min. If she did then that becomes penal negligence.
