CRI225H1 Lecture Notes - Lecture 7: Robbery, Actus Reus, Summary Offence
3 Nov 2016
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Cri225 week seven oct 27th 2016. Mens rea can relate to the prohibited act the prescribed consequence the prescribed circumstance. No need for the crown to prove what the accused actually knew, understood, intended. Not sufficient to prove the accused ought to have known or ought to have understood. Objective has lower threshold, it"s easier to prove. Section 7 requires that all criminal offences (which carry risk of a deprivation of liberty) must have a mens rea requirement. Principle of fundamental justice morally innocent should not be punished. Without mens rea, an individual is not morally culpable. If cri(cid:373)i(cid:374)al act does(cid:374)"t involve mens rea then it will violate s. 7. Homicide to culpable homicide to murder to second degree murder unless crown can prove additional requirements for 1st degree murder. Step 1: homicide s. 222: 222(1) a person commits homicide when, directly or indirectly, by any means he causes the death of a human being.
