CRIM 230 Lecture Notes - Fide, Culpable Homicide, Transferred Intent
24 Feb 2013
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Document Summary
Mens rea: the mental elements of an offense the crown must prove to obtain a conviction only the morally blameworthy are held to account. Children under 12 / those who are ncrmd can"t be held responsible they are not capable of fully understanding the nature and consequences of their actions. Mens rea comes in many forms most generally, objective versus subjective (and then further breaking into n, r, wb, i/k, f, premed) (negligence, recklessness, willful blindness, intent/knowledge, fraud, premeditated) Subjective intent accused intended the consequences of acts or knew of a substantial risk and proceeded recklessly. Objective intent accused failed to properly direct the mind in the face of a risk which a reasonable person would have appreciated. What ought to have been in the mind. Mens rea scale moral fault required will be a function, in part, of the gravity of the offence. More serious stigma/consequences require higher proof of moral guilt (see martineau)
