LAW 534 Chapter Notes - Chapter 4: Actus Reus, Pawnbroker, Brian Dickson
14 Apr 2016
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The reasonable person: negligence, due diligence and all reasonable measures. Marie case: the due diligence defence is available if the defendant reasonably believed in a mistaken set of facts that, if true, would have rendered his or her act or omission innocent. Show due diligence by showing they took all reasonable steps to avoid particular event: reasonable persons test: objective. Assurance general: cannot use pure mistake of law to show due diligence. It is not equivocal to mistake of fact. Under c-45, if a senior officer knows a person in the organization is about to become a party to an offence and does not take all reasonable measures to stop it, the organization is liable. Negligence offences: focuses on marked departures from the standard of care, which could reasonably be expected to prevent a representative from being party to the offence.
