CRM 200 Lecture Notes - Lecture 5: Mens Rea, Actus Reus, Faith Healing
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Defining the reasonable person: some judges have tried unsuccessfully to make the reasonable person resemble the accused (lamer j in r. v. tutton (1989) and r. v. creighton (1993)) Argued unsuccessfully that that the reasonable person should resemble the accused. The (cid:396)easo(cid:374)a(cid:271)le pe(cid:396)so(cid:374)"s (cid:272)ha(cid:396)a(cid:272)te(cid:396)isti(cid:272)s (cid:449)ill o(cid:374)l(cid:455) (cid:271)e (cid:396)elated to the a(cid:272)(cid:272)used if the characteristics cater specifically to the characteristics of the accused. R. v. hundal (1993) dangerous driving causing death. Accused got into a fatal accident in downtown vancouver. Accused testified that he went through the light when it was yellow, and he had to go through. Eye witnesses testified that he had gone through the light after it was red. Another witness testified that they had been driving behind him and saw him previously go through a red light. The police testified that at this particular light, there is a delay between the lights changing. Courts consider this a marked departure: v. beatty (2008) dangerous driving causing death.