Law 2101 Chapter 4: Law 2101 - Chapter 4
22 Dec 2018
School
Department
Course
Professor
Document Summary
Scope of criminal law: territorial, age u12: not an offence, 12-17: youth criminal justice act, 18+: criminal code, time - no limitation period for indicatable offences, 6 months for summary conviction. Actus reus: physical elements of the offence: voluntariness, commission, causation, uses but for test, thin skull rule. Mens rea: intent, motive: that which precedes and induces the exercise of the will, difficulties arise because this is vague, circumstantial, motive doesn"t always have to be proved, recklessness and willful blindness, r. v. currie. Currie presented a cheque that he had stolen from someone"s mailbox and the endorsement was forged. Argued that a man payed him to cash the cheque. Court decided he was willfully blind, but this was overturned on appeal: r. v. sansregret. Recklessness: involves knowledge of a danger or risk and persistence in a course of conduct which creates a risk that the prohibited result will occur.
