Chapter 6 - The Fault Requirement Flashcards
What is the mens rea?
The criminal intent/frame of mind necessary for the specific crime which the Crown must prove BRD
In the case of true crimes, there is a presumption that
A person should not be held liable for their acts if they lack the requisite mens rea
the Mens rea may be either
An intent to do the prohibited act, or a recklessness that results in the prohibited consequences
Some crimes require ___ intent, give example
specific (ex. murder. intent to kill or cause harm that the actor subjectively knows is likely to result in death)
What kind of crime does not require a particular state of mind?
Negligence
Define “absolute liability”
Where the act, if proven, will result in a guilty conviction, regardless of the actor’s state of mind
Under common law, crimes are presumed to have an ___ fault requirement + definition
Subjective: dependent upon the individuals circumstance and mental state at the moment the act was done
What kind of crime will require an objective mens rea?
Negligence. A reasonable person would have not allowed whatever the negligent actor allowed to happen/did not prevent.
When applying the objective standard, this is the only individualized type of factor that will be taken into account
Any factor that relates to that person’s incapacity (ex. a mentally ill person will not be judged to the standard of a reasonable person)
R v Hundal established that
the difference between the objective and subjective standard, and that the tires of fact may draw reasonable inferences as to the accused’s state of mind from their words and deeds during the act and in the witness box
Under the objective standard, unacceptable behaviour is defined by
a marked departure from the standard of care of a reasonable person
Which case established the mental aspect of the mens reas?
R v Thouroux
What was the ratio of R v Theroux?
The actus reus has its own mental element; the act must be the voluntary act of the accused for the actus reus to exist.
The definition of Mens Rea is ___, it is designed to protect ___
the guilty mind, the morally innocent
When establishing if the requisite mens rea has been met, the questions that are asked include:
Did the accused intend to cause the consequences that occurred or in the case of some crimes if he didn’t intend to cause the consequences was he reckless or wilfully blind and therefore caused the consequences?