CJS 211 Lecture Notes - Lecture 24: Mens Rea, Fundamental Justice
13 Aug 2020
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More than one offender agreeing to commit an offence that a reasonable person foresees the outcome i. e. a reasonable person would expect that if you plan to rob a house with baseball bats, that someone would get hurt. It is no defence that the accused had subjective knowledge that he would not use the baseball bat personally. It is sufficient that he agreed to commit the common unlawful act (robbery) 731 accused convicted of attempted murder, during robbery one of group shot and severely injured another, accused admits being one of robbers but states he had no intention to shoot, no discussion concerning use of guns. Victim ends up being handicapped and ultimately dying years later. Court for attempted murder take ought to have known element out of the equation. When talking about murder or attempted murder, take out the ought to have known element. Requisite mens rea for murder conviction logically must be same for conviction of attempted murder.
