CRM 200 Lecture 4: Week 4 – Mens Rea 1

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

Document Summary

Week 4 mens rea 1 1. The relation of the fault element to the prohibited act 1. Common law presumptions of mens rea 2. Subjective fault element: murder, attempted murder, war crimes 3: v. creighton (1993) 3. Fault elements in relation to the defences of mistake of fact and intoxication 3. The relation of the fault element to the prohibited act. Usually the fault element is connected to the actus rea. Assaulting a peace officer in the execution of their duties fault element associated with the assault, and the fault element of knowing they were a peace officer: can be more than 1 fault element. Actus reus of the crime need not necessarily be related to the fault element. Instances where the fault element of a crime is not clear. Subjective fault element: murder, attempted murder, war crimes. Additional insight into why the court requires constitutionally a subjective element to these more serious crimes.