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Exam Review-2302.docx

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Course Code
LAWS 2302

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Exam ReviewElements of an offence Actus no facit reum mens sit reaCrowns onus proof beyond a reasonable doubtoAll elements of actus rues ConductCircumstance Consequence oAll elements of mens reaAppropriate level of mens rea for criminal offencesIntention knowledge recklessness willful blindness negligence The act requirement deeming provisions eg s 350 use deemed thats how you know its deeming provisionVicarious liability oTransfer of actus reus contrary to basic principles De mininmis non curat lex the law doesnt concern itself with the trifles Voluntariness oP 310311 A shoots B scenarios oEx Australian case accidentally shot gas station workerCausationosignificant contributing cause per Nette oS224 s226 Thin Skull Rule oBlaue decision in the book Innocent Agent oHaving another person commit the act but having the guilty mind oCase involving mother who gave someone else medicine for childFault requirement Subjective intent the mind of the accused Objective intent marked departure from reasonable person Hundal Beatty Motivereasonintention Categories of regulatory offences oAbsolute liability Recall s 7 charter concernsoStrict liability oMens rea offences Categories of criminal offencespostCreightonoSubjective mens rea Charter guaranteeBeaver MartineauCategories intent knowledge recklessness wilful blindness Intent sometimes reqBuzzanga and Duroucher Definitions see Sansregret
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