Textbook Notes (363,221)
Canada (158,273)
Criminology (610)
CRIM 230 (44)

Crim 230 Ch 5.pdf

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Simon Fraser University
CRIM 230
Simon Verdun- Jones

Chapter 5The Mental Element in the Criminal Law Objective LiabilityWhat is Objective LiabilityObjective liabilityimposition of criminal liability on basis of standard of hypothetical reasonable person rather than subjective state of mind of accusedCrown only needs to prove that accuseds conduct has departed from standard of care from what a reasonable person would doSupreme Court decreed courts must apply modified objective testrequires court to ask whether a reasonable person with knowledge that accused had in same circumstances would have realized risk of conduct and refrain from such riskimportant to apply modified objective test in context of events surround incidentWhat is Minimum Mens Rea Requirement for Crimes Imposing Objective Liabilitypersons whose conduct falls below standard of reasonable personnot liable to render him liable under Criminal Codemarked departure testwhen CC imposes objective liability for certain offences ex dangerous driving negligence causing death Crown myst prove accuseds conduct marked departure from standard care expected of reasonable person acting prudently in particular circumstances of accusedin cases of criminal negligence departure must be both marked and substantialin Roy 2012 its stated that minimum standard of objective liability is marked departure standardimportant bc section 8 no one may be deprived of life liberty says accused may not be convicted under CC unless heshe is morally blameworthyMcLachlinperson who commits an offence negligently should receive a less severe sentence than person who acts w subjective awareness of risk of conductmodified objective test does not take account of peculiar personal characteristics of accused ex background education psychological disposition age EXCEPT in rare circumstances whereaccused lacks capacity to understand nature and quality of consequences of acts or appreciate risk involved in conducttakes account of would reasonable person having same knowledge ex education psychological predisposition of relevant circumstances as accused realized conduct was creating riskOffences Imposing Objective LiabilityDriving Offences and Objective Liabilitydangerous driving dangerous operation of motor vehicle offence under s2491Operating motor vehicle in manner dangerous to publicmore severe penalties applicable where dangerous driving results in bodily harm 10yrs death 14actus reus is driving in manner that was dangerous to public nature condition and use of place at which motor is operated atamt of traffic and time etc that should be expectedmens rea of this offence is objectivemust apply modified objective test where accuseds driving conduct constitutes marked departure expected of reasonable driver in particular circumstancescareless drivingor driving wo due care and attention offence under prov legislationproved by establishing accuseds driving conduct felleven to minor extent below standard carefacing similar circumstanceseg Beatty 2008momentary lapse of attention on part of driver did not constitute marked departure from standard care thought it killed 3 ppl she did drive at normal speed prior to deaths drivers conduct fell below standard and constituted as driving wo due careattentionrender him liable to pay compensation at civil law but not criminal liability under CCanybody w knowledge Beatty possessed would not have foreseen the momentary loss of consciousness and loss of controlif every departure from civil norm is criminal were are casting net too widely blaming the not morally blameworthyeg Hundal 1993driver and over loaded dump truck claimed traffic light turned amber too late to stop but witness says he drove through red light and there was atleast 1 sec passed bw end of amber and time when accused proceeded into intersectionconvicted
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