WDW101Y1 Lecture Notes - Actus Reus, Jury Trial, Mens Rea
29 Jan 2013
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Document Summary
Generally speaking there should be symmetry between the actus reas and mens rea. There are some examples that it is not there, but generally speaking it is there. Actus reas is the act the consequence or the circumstance there will generally speaking be a corresponding to mens rea. S. 7 of the charter tells you in respect of mens rea is that there is a requirement that all crimes have a mens rea element to it. You cannot have absolute liability which is an absolute liability coupled with penal consequences. So there has to be a requirement for mens rea. Generally speaking objective mens rea is a myth unless you fit in this category of specific offenses for subjective mens reas is required. Ought to have known is an objective measure. Willful blindness is just a way for the crown to prove knowledge; it is a different way to prove knowledge.
