Fault Requirement for Murder Flashcards
According to the Simpson case
An intent that the accused ought to have known would result in bodily harm is not sufficient for the subjective standard, but does allow for the jury to draw reasonable inferences. It does not constitute the required state of mind
As established in the Edenbros case, in order to prove the fault requirement for murder, the Crown must prove either
- The accused meant to kill the victim, or
- The accused meant to cause the victim bodily harm that the accused subjectively know was likely to result in death
What is constructive murder? What is the mens rea for constructive murder?
Murder that results from the committing of an enumerated criminal act. The will to commit the underlying criminal act is the sufficient mens rea for constructive murder
True or false, constructive murder can be committed without intent to kill
true (while it was constitutional)
In 2022, Billy Bob stuck up a convenience store, showed the cashier a fake gun, and the cashier died of a heart attack. Can Billy Bob be charged with constructive murder?
No. Constructive murder has been deemed unconstitutional becasue it lacks the “special intent” to kill. That can however, be charged with regular 1t degree murder for killing with threat of violence.
As established in Martineau case, a murder (of death that was not explicitly planned) charge must be based upon
Subjective foresight of death
This case made “ought to know” unconstituianl in sec229(c) of the criminal code
R v Shand
Generally, Murder is 1st degree murder when___ , or when ___
It is planned and deliberate. Or, when the victim is a protected classs of person (a law officer undertaking their duty)
In applying the word “planned” to the legislation goverining 1st degree murder, the court in R v Smith agreed that
the word was to be used in its every day sense and not be given an exhaustive definition. Generally, the murder must be committed by some scheme or design with that intended outcome
