CRM 2300 Study Guide - Final Guide: Transferred Intent, Actus Reus, Mens Rea

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Vajmeh Tabibi

Document Summary

Mens rea: all mental elements, other than voluntariness, that the crown must prove to obtain a conviction. Voluntariness: an individual acting voluntarily, not under duress or not threatened, this element refers to actus reus. Subjective mens rea: what was actually going on in the mind of the accused at the time in question , the accused has intended to bring about certain consequences that are prohibited by the law. Crown must prove that the accused: a) deliberately intended to bring about the consequences, b) subjectively realized that their conduct might produce such prohibited consequences and proceeded with the act regardless of their actual knowledge of that risk. Basic forms of subjective mens rea are: a) intention/knowledge b) recklessness: willful blindness. Objective mens rea: concerns with what should have been in the mind of the accused, had the accused proceeded reasonably . The fault: the accused failed to live up to the standards of care expected of a reasonable person.