CRIM 230 Lecture Notes - Pitha, Sexual Assault, Ultra Vires
24 Feb 2013
School
Department
Course
Professor
Document Summary
Subjective knowledge is not required the test is whether conduct falls below the standard of the reasonable person with some special rules to keep in mind. Negligence can have multiple meanings in law. Civil negligence not necessarily a crime, equated with carelessness a civil action is primarily meant to compensate victims. Criminal negligence/dangerousness is a crime, charge is primarily to punish an accused for reprehensible conduct. To be constitutionally valid, only the morally blameworthy can be punished criminally (martineau) higher crimes require higher standards any criminal act requires some degree of a guilty mind . Thus, criminal negligence probably requires more than proof of just carelessness . In creighton (scc, 1993 drug injection with poor after care), the scc noted: Thus, the conduct must not only fall below the standard of the reasonable person, it must constitute a marked departure from that standard.
