October 11, 2012
week 5, class 2, thursday
5 or 8 short answer
an hour 20 minutes
pencils, eraser, I.D, pen for short answer
chapter 4- mens rea
subjective vs. Objective.
Actus rea and mens rea of any criminal act, have to coincide. Has to be a link there. They have to
happen around the same time.
Subjective: what was going through the vicitms mind at the time of the crime.
Objective: imposed mens rea- reasonable person. What they ought to have been thinking at the time.
Reasonable person test.
Are there specific mens rea for specific crimes?
Specific intent: planned and deliberate, and intent.
Had it all planned, details in advance, so they knew what they were going to do. Intention and planning.
planned to commit murder, murder was comitted but on the wrong person.
Mens rea and actus reus coincide.
Direct and indirect intention:
thin skull theory:
take the person as you see them.
You don't know if the individual you are assaulting or robbing has a cardiac condition, and if they die
because if you causing stress, it doesn't bode well for you.
three friends, one day 1993, they are consuming large amounts of alcohol and cocaine. Creighton
injects himself and a girl that becomes diseased, and another friend. MRS. MARTIN is female. She
loses consciousness and starts convulsing. Friends name is: candeux. Candeux said call 911, we need
help. Inference in the case is that creighton said no, don't touch the phone we're leaving. She stops
breathing. they try to resuscitate her and all attempts fail. Clean fingerprints from around house and
then left. Charter challenge of section 7, life liberty and security of the person. Mens rea objective
forseeability. They tried for a dangerous action, but the people fought that they didn't mean to (no
specific intent) to kill mrs. Martin. Violation of our charter right. Decision: set up test for unlawful manslaughter
actus reus has to be established
The activity must be a marked departure from a standard realm of care.
carrying out an act in a dangerous manner, or carrying out an inherently dangerous act.
Establish mens rea:
the activity must have been done while there was objective foresight that harm might occur. What
would a reasonable person thought?
Establih capacity: were they capable of appreciating the risk flowing from their conduct? Diminished
capacity? Did they have some genetic or medical condition that renders them unable to see the harm
being done or future consequences?
tutton and tutton:
son had diabetes, for religious reasons they wouldn't give him insulin.
Son was 5 years old.
Carol anne, arthur tutton