Defences
The defense of mistake fact typically involves the lack of which mens rea element
Knowledge
Is criminal negligence determined objectively or subjectively?
Objectively (as of 2008)
Element of actus reus that is not present when an accused commits an illegal act due to severe mental illness.
Voluntariness
What needs to be proven to be found guilty of a regulatory offense with absolute liability?
Actus reus
Case that emphasized that there is no impossibility defense: A HIV positive man spitting on police officers claiming that they will get HIV from his spit.
R v Bear (2013) (Man CA)
When is reasonableness a factor in establishing a mistake of fact defense?
Evaluating the credibility of the accused and their claim of the mistake
Carelessness (aka ANY departure from the standard of a reasonable person) commonly involves compensation over punishment and is a form of ___ negligence
Civil negligence
The most severe disposition made by a review board re: a NCRMD case
A high risk accused designation
Key distinguishing feature of a regulatory offense vs criminal:
Concept of fault. Lower moral blameworthiness for regulatory offenses
Cheering on someone punching a stranger saying “hit them again!!”
Abetting
Case where a mother shot her daughters boyfriend and his friend after having their lives threatened for years and moving away and the self defense argument was accepted
R v Petel (SCC)(1994)
Primary difference between dangerous driving causing death and criminal negligence causing death charges
Dangerous driving: use of the modified objective test (criminal negligence does not use this test) OR criminal negligence is more serious ("marked and substantial departure")
If an NCRMD accused is not a significant threat to the safety of the public, what will occur?
Absolute discharge (presumption of freedom).
Defence you can apply in cases of strict liability
Due diligence defence
Timely communication is a key element considered in…
Withdrawal from a common intention/abandonment
CCC 34 (3) outlines that claiming self defence does not apply when…
the use of force is applied to someone doing something that they are required or authorized to do in the enforcement of the law.
Test now used for dangerous driving offences (and describe 2 steps)
Modified objective test. 1 - marked departure from standard of a reasonable person? 2 - any circumstances that may excuse this departure?
The notion of “disease of the mind” does not apply to what scenarios? (two)
Self induced states caused by alcohol or drugs, ot transitory mental states such as hysteria or a concussion.
Being given a speeding ticket after a speedometer catches you going 25km over the limit is an example of what type of offense
Absolute liability
In relation to conspiracy, an agreement for a common purpose must be made between 2+ people to commit a crime. “2+ people” does not apply to spouses as long as….
As long as they are they are the only two conspirators
S. 265 (3) of the CCC notes various situations where no consent is obtained in the case of sexual assault, name all 4.
by the application of force, threats or fear of the application of force, fraud, or exercise of authority.
The mens rea requirement for unlawful act manslaughter (2 elements)
Subjective mens rea for the underlying offense (the unlawful act) AND objective foresight of non-trivial bodily harm (not death) re: an inherently dangerous act
Three key elements of an NCRMD argument
(1) Accused must suffer from a mental disorder, that (2) rendered the accuse incabable of appreciating the nature/quality of the act/omission, and (3) rendered the accused incapable of knowing it was morally wrong.
If an absolute liability offense involved imprisonment, what section of the charter would that violate (and explain what the section states)
s 7, principles of fundamental justice.
By doing this, one may be considered a party to any additional offense committed by another person during the commission of an offense together.
Forming a common intention