LS202 Lecture Notes - Lecture 4: Actus Reus, Indictable Offence, Mens Rea
13 May 2015
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Theroux headed building company and received money for the houses claimed money was insured and believed that building would be done: company went bankrupt, consequently charged with fraud. Theroux believed build would occur is there enough to negate mens rea of fraud per criminal. Theroux willfully misguided clients essentially acted upon the knowledge of act and consequences. Mens rea must have subjective awareness of harm from actus reus belief is no defense. On appeal from court of appeal for ontario. Ssm contracted company for landfill site bordered on creek causing pollution: charged with breach of ontario enviro regulation. Should mens rea be established by crown in a public welfare case (provincial regulation) Relevance: mens rea must be established by crown only in true crime" cases (not provincial regulations. Example of common law presumption and not in any statute. On appeal from the british columbia court of appeal. Beatty"s truc crossed centre line, no identifiable reason why he did so.
