CRM 200 Lecture Notes - Lecture 4: Actus Reus, Mens Rea, Fundamental Justice

• School: Ryerson University
• Department: Criminology
• Course: CRM 200
• Professor: Daniel Alati

Document Summary

Introduction: general references to mens rea is not enough. Common law presumptions of mens rea: supreme court has been reluctant to constitutionalize subjective mens rea for all but the most serious crimes. If they argued that they didn"t know the substance was illegal there is no real fault element so the crown now has to show knowledge that they knew it was illegal: pg. 176: it would, of course, be within the powers to at least 6 months" imprisonment : r. v. sault ste. Marie (city) (1978): unless parliament clearly indicates otherwise, courts should presume that criminal offences require some form of subjective mens rea: this decision impacted the way that strict and absolute liability cases have been drafted. Area where courts have refrained from subjective fault and sentencing discretion exists. The punishments for marijuana is no where near those of murder and attempted murder. Murder is the most serious or among the most serious crime in the criminal law.