CRMN 2010U Study Guide - Final Guide: Partial Defence, Indictable Offence, International Criminal Court
19 Apr 2018
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Subjective mens rea: accused deliberately intended the consequences or subjectively realized that their conduct might produce prohibited consequences. Purpose: prevent conviction of morally innocent people safeguard against the power of state (protects liberty interests) (e. g. , supreme court decisions that subjective foreseeability of the likelihood of death is required for murder). Planned and deliberate: planned: existence of a calculated scheme, deliberate: not impulsive, carefully thought throughout, not hasty. Intoxication and mental disorder may negate the existence of planning & deliberation. Second degree: intent to kill or to cause bodily harm that is likely to cause death (committed on a sudden impulse). Direct and indirect intent: direct intent: acting with a desire and objective to achieve a certain consequence, indirect intent: undesired consequence as a condition to the attainment of a desired objective. Motive usually distinguished from intent (but s. 348, exceptions e. g. , break and entry offence). Motive may be important in proving/disproving a case.
