CRM 200 Chapter Notes - Chapter 5: Willful Blindness, Malice Aforethought, Dno
8 Sep 2013
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Chapter 5: the fault element, or mens rea. Mens rea means in the case of murder, malice aforethought, in case of theft, an intention to steal in the case of rape, an intention to have focible connection with a woman without her consent. Parliament has not clearly defined fault elements such as purposely , There are two, broad types of mens res: subjective and objective. Subjective describes what was actually in an accused"s mind, and always describes some level of actual knowledge about the nature and consequences of actions. Objective describes what an accused ought to have known, and always describes what a reasonable person would have known: conceptual considerations (p. 164) Mens rea of murder requires at least a subjective knowledge that the victim would die: the relation of the fault element to the prohibited act (pg. 164) Requires the crown to establish that the accused subjectively had the required guilty knowledge in relation to the specified circumstances or consequences.
