CJS 211 Lecture Notes - Lecture 20: Statutory Interpretation, Mens Rea, Actus Reus
13 Aug 2020
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Subjective mens rea focuses on actual state of mind of accused. Unless communicated openly, subjective mens rea ordinarily gleaned circumstantially. Common sense inference: persons usually intend natural consequences of their actions. Ignorance of law no excuse, code, s. 19 assumed that accused knows elements of offence unless defence of mistake of fact made out. It becomes very difficult for the crown to prove subjective mens rea, unless the accused pleads guilty. Exercise of statutory construction to see what mental state required by particular offence. Ex - if offence / criminal code provision specifies relevant state of mind, only such state of mind will suffice. Assault - s. 265(1)(a) requires intentional touching, not reckless, accidental, non- intentional touching. Have to be careful with what intention means it is the highest form of moral culpability. S. 265. (1) a person commits an assault when, (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly .
