WDW101Y1 Lecture Notes - Lecture 8: Actus Reus, Mens Rea, Abet
21 Nov 2012
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General rule: symmetry between the actus reus and mens rea. Section 7 of the charter: (a) the prohibited act (b) the prescribed consequence; and/or (c) the prescribed circumstance. Requires that all criminal offences have some mens rea requirement. 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. Subjective: intent/purpose accused acted with intent to bring about result, knowledge, wilful blindness = knowledge, recklessness accused fails to make necessary inquiries adverted to the risk accused acts having actually. Objective: objective foresight would a reasonable person foresee the consequences, negligence conduct reveals a marked and significant departure from the standard of a reasonably prudent person (considering the accused"s perception of the facts) What about mistakes: v. pappajohn (1980, s. c. c. )
