CRM 200 Lecture Notes - Lecture 5: Mens Rea, Self-Defense, Willful Blindness
14 Dec 2015
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Subjective and objective fault elements: draw inferences based on fault elements, fault elements are merely evidence, does not conclude. Common law presumptions vs. constitutional requirements of. Subjective mens rea required by charter only in relation to special stigma crimes of murder, war crimes: presumptions. Subjective mens rea presumed in the absence of a clear legislative design to the contrary. Mistake of fact and intoxication: self defence is general defense that apply to all criminal conduct, intoxication/ mistake of fact. Not fault offence cause it doesn"t apply to everyone. Present difficulty to prosecutor to prove mens rea of offence. Intoxication cannot be used in intend to hurt crimes like assault: v. sansegret. Case 4: defines consent as a voluntary agreement to have sex. Issue 1: is joe liable for murder. 229 a subsection 2 caused bodily harm knowing it could cause death.
