CRI205H1 Lecture Notes - Lecture 5: Objectivist Periodicals, Mens Rea, Regulatory Offence
6 Feb 2018
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Mens rea de ned: mens rea, "guilty mind" (latin), refers to the mental state that must generally accompany a prohibited act before it can legally be considered a crime. *** if not explicitly stated in the legislation, generally the fault element must be inferred by the courts. Read sections d for regulatory offences and corporate crime. The ambitious of the process are saved by the ability of the judge to detailer the sentence of the individual. The common law (not the constitution) seems to dictate that aiding or abetting improves the establishment of mens rea: the common law has said the sentence stays relatively the same if your helping and not actually doing. In order to explain the fault element of any criminal offence accurately, it is necessary to specify: the circumstances and consequences to which the fault element is directed, the precise fault element required.
