LS202 Lecture Notes - Lecture 5: Actus Reus, Culpable Homicide, Indictable Offence

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The mental element of criminal law: objective liability. For a very small number of serious offences, the charter demands a minimum requirement of subjective mens rea, deliberately did something wrong. Liability based on the standard of a reasonable person rather than the subjective state of mind. Crown doesn"t have to prove that the accused knew anything, concerned with what should have been on the accused persons mind. Reasonable person in same situation as person with: same circumstances, same knowledge. Accused"s conduct was a marked departure from the conduct of a reasonable person. Accused"s subjective knowledge of the circumstances should be considered: must assume that reasonable person has exactly the same knowledge as the accused, have to consider if there was malice involved. 1: if accused honestly believed something to be true, this should be considered when. Does not take into account personal characteristics unless they impact ability to appreciate risk (black minority vs. white upper class)

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