CRIM 230 Study Guide - Midterm Guide: Mens Rea, Criminal Negligence, Transferred Intent
18 Jan 2020
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Subjective is what is in the accused mind (hardest to prove) (what was) Objective is what should have been in the accused mind (should have) Transferred intent (wants to hurt victim a but accidentally hurt victim b) Accused made a choice to do something wrong. Final exam -april 19 final class april 5. 15 sa questions (lists, sentences, one word) (lecture 7) What does the crown have to prove? (mens reas) Understand the difference between intention, recklessness, willful blindness (lecture 8) Marked departure (applies to all objective mens rea offences) Elements of an unlawful act manslaughter (careless use of firearm) Definition of criminal negligence (section 219 in criminal code) Where a reasonable person would have seen the risks. Offence where someone has been killed, cannot prove actual intent to kill. Have to prove actus rea and mens rea beyond a reasonable doubt. Crown only has to predict acts rea, mens rea is presumed (due diligence defence)
