Week 3

Question 1

Mens Rea vs. Motive

Answer 1

-Mens Rea : mental state of the person committing harm
-Motive : reason for committing the crime
~Not considered a component of mens rea

Question 2

Subjective Test

Answer 2

-What was actually in the mind of the accused at the time of the crime?
~Did the accused actually intend/know the foreseen consequences?

Question 3

Objective Test

Answer 3

-Was there a marked departure from the standard of care of a reasonable person?
~Should the accused foreseen the consequences of actions?

Question 4

Subjective Mens Rea (Category of Requisite Fault)

Answer 4

• Did the accused actually intend, know or foresee the consequences would follow from their actions?
• S. 7 of Charter provides criminal offences require subjective fault
• “Beaver rule” and “Martineau rule”

Question 5

Crimes of Objective Fault (Category of Requisite Fault)

Answer 5

-Rare
-Was there a marked departure from the standard of care of a reasonable person?
~Should the accused have foreseen the outcome?

Question 6

Offences based on Predicate Offences (Category of Requisite Fault)

Answer 6

-Very rare

Question 7

Beaver Rule

Answer 7

All crimes have subjective fault element unless parliament expressly says otherwise

Question 8

Martineau Rule

Answer 8

• Principles of fundamental justice require a subjective fault element for certain crimes, regardless of what Parliament says
• Applies to : murder, attempted murder, accessory to murder, war crimes and crimes against humanity

Question 9

Knowledge

Answer 9

-Knowledge of a particular fact may be required

Question 10

Intention

Answer 10

Accused “intentionally”, “wilfully” or “means to” cause a certain wrongful consequence

Question 11

General Intent Offences

Answer 11

Act done to achieve an immediate end (assault)

Question 12

Specific Intent Offences

Answer 12

Ace done with the specific ulterior motive and intention of achieving an illegal end (robbery, theft, ect.)

Question 13

Recklessness

Answer 13

Involves knowledge of a danger or risk persistence in a course of conduct

Question 14

Wilful Blindness

Answer 14

Arises where person has become aware of the need for some inquiry but decline to do so because they do not wish to

Question 15

Examples of Objective Fault

Answer 15

• Common intent for accessories
• Counselling a person to commit offence
• Treason by making information available
• Failure to use reasonable care (I.E. explosives)
• Careless use of firearms/ammunition

Question 16

Criminal Negligence

Answer 16

(1) Every one is criminally negligent who;
(a) in doing anything, or
(b) in omitting to do anything that is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons
(2) “Duty” means a duty imposed by law