Law 2101 Lecture Notes - Mens Rea, Criminal Negligence, Pickpocketing
13 Mar 2014
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Mr: highest form of mens rea is intention. Intention (+ wilful blindness) subjective: recklessness subjective/objective, criminal negligence. Being in class, you may not be happy, but you intentionally came to class: motive: ex. Take a pen because someone said they would shoot you if you didn"t. Your motive was not to die, but still you intended to take the pen. Doesn"t matter why you did it, you did it nonetheless, so you committed the offence. Also if the crown can show motive, it can contribute to proving the intention. The case of the man who cashed the cheque for a stranger, and it was forged. Recklessness: subjective/objective- two step process, subjective foresight of risk- accused has to be aware something might happen (ex. Going 120km/h on richmond street because you are late for class, you run the risk of hurting others yet you still take the risk: objective unreasonable running of risk- measured by society.
