CRM 2300 Lecture Notes - Lecture 12: Actus Reus, Dangerous Driving, Mens Rea
8 Apr 2016
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Chapter 5: the mental element in the criminal law: objective liability. Objective mens rea: concerns with what should have been in the mind of the accused, had the accused proceeded reasonably : what a reasonable person would have done differently, not concerned with the intention of the person. The fault: the accused failed to live up the standards of care expected of a reasonable person: subjective mens rea: the fault lies in. Penal negligence: blameworthiness: when it becomes marked, considered penal, marked deviation from the norm. If you don"t know the risk you pose, you cannot know you were being risky/ negligent, a reasonable person would probably have done the same. Marked departure test : when there is a marked departure from the standard of care expected of a reasonable person: crown has to prove this, the person deviated from the norms expected by a reasonable person. To have a single, uniform, objective test.
