LAWS 2302 Final: Final Study Sheet.docx
Document Summary
Code offence categories: summary, indictable, hybrid deemed indictable. Judge: trier of law or fact and law. Guilty mind; intention, recklessness: subjective: what was in the mind of the accused at the moment of the offence? a. Required mental element of the underlying (predicate) offence. Objective foresight of bodily harm arising from the unlawful act: aggravated assault. General principles: regulatory offences are prima facie classified as strict liability (r v. sault. Imprisonment for absolute liability offences violates s. 7 of the charter (r: burt) Intention to commit the criminal offence (mens rea) Impossibility does not preclude conviction (r v. scott) Legal impossibility" can preclude conviction (r v. smith: counselling (ss. 22, 464, deliberate encouragement or active inducement of commission of a criminal offence (actus reus) Intention the offence be committed or knowingly counselling while aware of risk the offence likely to be committed as a result (mens rea: person counselled need not be influenced (r v. mcleod, conspiracy (s. 455):
