CJS 211 Lecture Notes - Lecture 21: Actus Reus, Canlii, Mens Rea
13 Aug 2020
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Subjective state of mind accused knows and/or foresees there are risks that a prohibited consequence will be brought about and proceeds anyway. Recklessness different from negligence: negligence applies even if actor does not personally see risk, provided reasonable person would have. Recklessness is subjective mens rea with objective features it exists only where objectively unjustifiable to take risk accused understood he/she taking; fact that accused may have felt risk justifiable not a defence. Recklessness applies to all criminal code provision that rely on a consequence or condition, but which does not specifically require a higher form of mens rea. 244. 2 (1) every person commits an offence. (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or. (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.
