CRIM 230 : Criminal Winter Lectures.docx

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 230
• Professor: Tony Wilson

Document Summary

Concept of fault in criminal law: used to be just mens rea evil intention, until recently, if you wanted to convict someone of a crime, there were two things written in stone: Could only be convicted of a crime if you had subjective fault. Crown had to prove subjective fault bard. Two distinct regimes of law: criminal and civil, if you fail to act as a reasonable person > civil liability tort action. Move from subjective fault (traditional) to more objective evaluation has occurred simultaneously with the charter. Courts have said that the charter does not specifically say the police can only arrest you on reasonable and probable grounds. Now most cases the accused has to prove innocence and fault is not based on subjective fault. There are number of subjective and objective fault elements (old stuff) Traditional best known subjective fault form is intention.