Chapter 5

Question 1

What does Men’s Rea refers to the guilty mind

Answer 1

Men’s Rea refers to the guilty mind, the wrongful intention, of the accused.

Question 2

What is the function of Men’s Rea

Answer 2

The function of Men’s Rea is to prevent the conviction of the morally innocent- those who do not understand or intend the consequences of their acts.
- Function is to establish blameworthiness of the facts

Typically concerned with the consequences of the prohibited conduct, actus reus

Question 3

What are the two forms of Men’s Rea

Answer 3

Subjective and Objective

Question 4

What is Subjective Mens Rea?

Answer 4

Requires that the accused intended the consequences of his or her acts that knowing of the probable consequences of those acts, the accused have proceeded recklessly in the face of the risk.
- “What is going on in the mind of the accused at the time in question?”
- Focuses on connecting the offence

Question 5

How do you prove subjective liability

Answer 5

the crown must establish that the accused intended the consequences of his/her conduct, or the accused proceed in reckless disregard of the risk or was willfully blind

Question 6

What are the 3 forms of subjective mens rea?

Answer 6

Intention/knowledge
Reckless
Willful blindness

Question 7

What is intention?

Answer 7

The exercise of a free will to use a particular means to produce a particular results

Question 8

What are the three different kinds of intent?

Answer 8

Direct, Indirect, Transferred

Question 9

What is Direct Intent?

Answer 9

Refers to the intention of a individual acting with the desire, purpose, aim, objective, or design to achieve a certain consequences

Question 10

What is Indirect intent?

Answer 10

Refers to the situation in which a person does not desire to bring about the consequences prohibited but is nevertheless considered to have intended them

Question 11

Case of Guess

Answer 11

A jury on the case of the 6 men charged with murder etc. Jury started to form relationships with the accused. She was convicted for obstruction of justice. The conduct of the accused never intended to obstruct justice

Question 12

What is the requirement of Transferred intent?

Answer 12

the requirement is that the accused intent may be transferred only where the actus reus and men’s reus of the same coincide

Question 13

What is transferred intent?

Answer 13

Takes the men’s rea of an offence in relation to an intended victim and transfers it to the actus reus of the same offence committed upon another victim.
- The mens rea (intended victim) lack actus reus and the actus reus (actual victim) lacks mens rea.

Question 14

Case of Droste

Answer 14

Unhappily married, stages a fire to kill her and collect benefits

Witnesses see him applying gasoline to the outside of the car

Fire broke in the care and starts hitting the wife

Crown argues this was planned and deliberately

Disclosed the intention to kill his wife

Applied gas to his car before heading for a party with his wife and two children

A fire break out, struggled and the car hit the abutment of a bridge. Both parents managed to escape but unable to save the children and they died

Question 15

What is motive?

Answer 15

Precedes and induces the exercise of the will

Outline motive is to set the stage, highlight the context to outline intention

Question 16

Case of Latimer

Answer 16

Daughter born with health complications with lots of hospital visits

Kills his daughter, motive was to end the suffering of the child

He asphyxiated his severely disabled daughter

Men’s reus

Motive: end the intolerable suffering

Convicted of second degree murder under section 745 CC

Was granted constitutional exemption

Question 17

Intention

Answer 17

The exercise of a free will to use a particular means to produce a particular result

Question 18

What is Objective Men’s rea

Answer 18

The crown does not require proof that the accused persons deliberately intended to bring about a prohibited consequence or event even that they subjectively appreciated the risk that their conduct might produce such a result.

• Men’s rea is predicted on the principle that a reasonable person, in the circumstances and with the same knowledge of those circumstances as the accused, would have appreciated that their conduct was creating a risk of producing prohibited consequences and would have taken action to avoid doing so

Question 19

What are the examples of offences requiring proof of recklessness

Answer 19

• Murder
• Damage
• Arson

Question 20

What is Willful Blindness?

Answer 20

An accused person is virtually certain that particular circumstances exist (that goods are stolen) but deliberately “shut their eyes” to these circumstances

Deliberate ignorance is a state of mind equivalent to actual knowledge

Question 21

What is the crown required to prove for Willful blindness?

Answer 21

• A subjective realization
• Of the likely result of their action
  Deliberately avoid actual knowledge while engaging in or pursuing the activity

Question 22

Case of Briscoe

Answer 22

Drove the victim to gulf course with prior knowledge that Labouchan has said that he “wanted to kill”

Briscoe’s associate expresses intent to rape and murder

Briscoe picks up 13 and 14 year old

Briscoe hands a wench to the associate to kill the victim

Charged with 1st degree (aiding (assisting) and abetting (refers to men’s rea): assist encourage)

Crown proved willful blindness

1st trial judge decision “not have actual knowledge” of Laboucan plan

Not guilty of aiding and abetting (lack of men’s rea)

COA. “ he was willfully blind

SCC of “deliberate ignorance

(if a victim dies in the manner of sexual assault, it is automatically first degree)

Question 23

Case of Smith

Answer 23

Two acquaintance on hunting trip, argue erupts and Smith shot the victim in his elbow- smith followed him and shot him two more times.

Trial Judge decision

Guilty of 1st degree but convicted of 2nd degree

COA

Not guilty of 1st degree but convicted of 2nd degree (killing was not planned and deliberate)

Question 24

First degree

Answer 24

Eligibility for parole is after 1/3 of their sentencing

Statutory Parole is release into community under supervision of parole officer

Question 25

What is the sentencing for 1st degree

Answer 25

25 to life

Question 26

What is the sentencing for 2nd degree

Answer 26

10 to 25. Parole eligibility will be decided by a judge

Question 27

What is Statutory Parole?

Answer 27

Release into community under supervision of parole officer

Question 28

Fraser (2015)

Answer 28

Fraser charged with one count of 1st degree and 1 count of 2nd degree

Trial judge decision; guilty

COA; rejected appeal

SC: rejecting appeal

“the time between the moment he made the plan, and its execution is not determinative in the consideration of “planning and deliberation” (Bujold)

Question 29

What is less culpable?

Answer 29

Objective mens rea is less culpable than subjective mens rea

Question 30

What is First degree murder according to the criminal code of Canada?

Answer 30

The crown must prove that the accused intended to kill their victim

Question 31

What is second degree murder according to the criminal code of canada

Answer 31

The crown must prove that the conduct of the accused caused bodily harm that it is likely to cause death and is reckless whether death ensues or not

Question 32

Objective Men’s Rea

Answer 32

predicted on the principle that a reasonable person, in the circumstances and with the same knowledge of those circumstances as the accused, would have appreciated that their conduct was creating a risk of producing prohibited consequences and would have taken action to avoid doing so