CJS 211 Lecture Notes - Lecture 22: Culpable Homicide, Mens Rea, Fundamental Justice
13 Aug 2020
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What reasonable person would know or understand, how reasonable person would act. Criminal law uncomfortable with objective fault, criminal law responds to evil mind , careless people may be dangerous, but not evil something more is required than civil negligence. Criminal law has come to accept objective fault, but not for crime of murder, which is most serious offence with most serious penalty. Constitutional issue (charter of rights) murder requires subjective mens rea full intention to cause death or bodily harm likely to cause death. R. v. martineau, s. c. c. (1990) accused and other set out armed, knowing they would commit crime, accused thinks it would only be break-in. Accomplice shot and killed victims after robbing them in their house as they saw their faces, accused had mask on. Principles of fundamental justice under charter s. 7 require conviction for murder to be based on proof beyond reasonable doubt of subjective foresight of death.
