CRI205H1 Study Guide - Final Guide: Transferred Intent, Mens Rea, Willful Blindness
6 Feb 2018
School
Course
Professor
Document Summary
Subjective mens rea requires the trier of fact to contemplate on the thought processes of the accused as presented through the evidence. Again, reference to subjective mens rea are unhelpful, since the exact degree of subjective fault must be speci ed: intent, purpose, or wilfulness. The highest level of subjective mens rea is that which requires the accused to act with the intent or purpose to achieve the prohibited result. This level is rarely used outside of rst/second degree murder. 1) a perpetrator is aware of the relevant fact, (knowledge of harm or unlawful behaviour: a perpetrator correctly believes the relevant fact to exist. The ultimate issue is the particular accused"s knowledge, not what a reasonable person would k now. In the case of murder, the accused must have guilty knowledge of the likelihood/possibility of death (without desiring or intended to cause death: willful blindness.
