CRM 200 Lecture Notes - Lecture 12: Mens Rea, Hashish, Transferred Intent
14 Dec 2015
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Connected to mens rea of particular offence. If fault element is objective then mistake of fact must be reasonable. Doesn"t matter what they thought but whether the mistake is reasonable. If fault element is subjective then mistake of fact must be subjective under the circumstances. Mistake of fact and drug offences: r. v. beaver (1957) Accused had mistake of fact that substance they were carrying was harmless but it was actually illegal drug. This goes to mens rea, the mistake is negating the mens rea of drug offence: r. v. burgess (1970) Had opium but thought it was hashish: r. v. kundeus (1975) Convicted of trafficking lsd but thought it was meslin. Court held accused mistake about nature of substance would not qualify as mistake of fact. Mistake of fact and sexual assault: r. v. pappajohn defence, r. v. seaboyer, section 273. 2ccc. Accused could have defence of honest but not necessarily reasonable mistake about consent of complainant.
