Law 2101 Lecture Notes - Lecture 12: Mens Rea

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

Actus reus and mens rea have to be together at the same time. You stabbed someone and murdered them with the intent to kill them. Do(cid:374)"t (cid:374)eed to k(cid:374)o(cid:449) the (cid:272)ri(cid:373)i(cid:374)al (cid:272)ode or (cid:449)hether or (cid:374)ot it is illegal. Why you do it does not affect your intention to do it: wilful blindness. Subjectively the intention i not in the accused mind. You (cid:272)ould ha(cid:448)e k(cid:374)o(cid:449)(cid:374) (cid:271)ut did(cid:374)"t (cid:449)a(cid:374)t to k(cid:374)o(cid:449) Deliberately shut your yes because you do not want to know: recklessness (subjective/objective, the accused must have had foresight of the risk (subjective) Driving excessively to get to class on time when you know that you could hit someone: what would reasonable people of thought or known (objective) Causing death by criminal negligence: every person who by criminal negligence causes death to another person is guilty of an indictable offe(cid:374)(cid:272)e a(cid:374)d lia(cid:271)le to i(cid:373)priso(cid:374)(cid:373)e(cid:374)t for life.