W1 - Offences Requiring Subjective Fault (Dean) Flashcards
What is the guilty Mind?
the wrongful intention of the accused. Its function is to protect the morally innocent; those who do not intend the consequences of their actions.
Test for Mens Rea of a crime is…
modified-objective or subjective
Between the two standards, there is a presumption that ___ intends for a ___ fault requirement
that Parliament intends crimes to have a subjective fault element
Motive is described as
the reason that a person chooses to engage in conduct
Does the Crown have to prove motive?
the Crown does not have to prove motive; but evidence of a motive can be of benefit/relevant to the Crown’s case - proof of intention/proof of state of mind, identity, etc.
What does general intent mean?
means that the act was committed intentionally (as opposed to “by accident”); minimal intent/but remains sufficient to sustain a conviction if other elements are proven beyond a reasonable doubt
What does specific intent mean?
means the act was committed with the specific intention of doing something (i.e., Murder = specific intent to kill is required)
____ establishes whether general or specific intent is required
the common law
What kinds of words would indicate a subjective fault requirement?
Intentionally, with intent, purpose, knowingly, means to, willfully, etc., indicate a subjective fault requirement
SUBJECTIVE MENS REA includes the following types of intention…
actual knowledge or intent, recklessness and wilful blindness
In terms of intent, what does the Crown have to prove?
The Crown does not have to prove what precisely or exactly was in the accused’s mind at the time of the alleged fraud; the Crown can ask the court to infer that the accused had subjective knowledge of the risk
Define recklessness
found in the attitude of a person who is aware that there is danger that his conduct could bring about but persists despite the risk
Define wilful blindness
arises where a person becomes aware of the need to inquire but declines to make the inquiry because he does not want to know the truth. He would prefer to remain ignorant
