CRM 200 Lecture Notes - Lecture 5: Actus Reus, Mens Rea, Reasonable Person
12 Feb 2018
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Constitutional requirements of mens rea: subjective mens rea presumed in the absence of a clear legislative design to the contrary : r. v. beaver (1957); r. v. sault. Murder (logan), war crimes (finta: as a matter of constitutional requirement, mistake of fact and intoxication: section 33. 1 of the ccc. Intoxication is not a defence for general intent crimes (crimes that don"t require a high fault element: the usage of the defence will always be connected to the fault element of the act. If the fault element is subjective the mistake of fact needs to be subjective as well. It is codified in the criminal code for murder s. 229(b) Objective standards: defining the reasonable person: some judges have tried unsuccessfully to make the reasonable person resemble the accused (lamer j in r. v. Tutton 1989 and r. v. creighton 1993: the reasonable person should have characteristics similar to the accused, youth, medical development and education.
