CRI225H1 Lecture Notes - Lecture 8: Actus Reus, Mens Rea, Absolute Liability
Document Summary
General rule: symmetry between the actus reus and mens rea. Mens rea element to match the: the prohibited act, the prescribed circumstance, the prescribe consequence. All criminal offences have some mens rea requirement (absolute liability+imprisonment = violation of s. 7) Objective mens rea (objective foresight of risk) is generally sufficient under s. 7 of the charter. Some offences (murder, theft and terrorism) require subjective mens rea (subjective foresight of the prohibited consequence) because of the stigma attached and/or the potential penalty. Accused acted with intent to bring about result. Accused acts having actually adverted to the risk. Objective mens rea: the a(cid:272)(cid:272)used (cid:862)ought to ha(cid:448)e k(cid:374)o(cid:449)(cid:374)(cid:863) Marked and significant departure from the standard of a reasonably prudent person. Have to know the general nature of substance. Do not have to know specific nature of substance. Can impute knowledge if accused is wilfully blind different way of proving subjective mens rea, would have known it if they had followed through.