CRIM 230 Chapter Notes - Chapter 5: Criminal Negligence, Dangerous Driving, Mens Rea
29 Jun 2017
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Refers to imposition of criminal liability on basis of standard of hypothetical reasonable person rather than subjective state of mind of accused person. When def of criminal offence incorporates objective mens rea elements, crown has to prove only that accused person"s conduct constituted marked departure from standard of care expected of hypothetical reasonable person acting prudently. Crown not required to prove that accused person subjectively aware of risk created by his/her conduct. If reasonable person, placed in same circumstances & w/ same knowledge of those circumstances as accused, would have been aware of risk & would have avoided taking it, then accused guilty of offence. Courts do not apply completely objective test in sense that no consideration whatsoever paid to what was going on inside head of accused person at time of alleged offence. Modified objective test applied in sense that accused person"s subjective knowledge of material circumstances is relative consideration.
