Criminal Law: Honest Belief, Reasonable Grounds, and Liability Standards

Vocabulary flashcards covering key concepts from the lecture notes on honest belief, reasonable grounds, subjective vs. objective liability, and related topics.

Honest belief

A subjective belief held by the accused that a circumstance exists, based on reasonable grounds.

Reasonable grounds

The basis on which an honest belief is tested; assessed by what a reasonable person would consider in the circumstances.

Subjective liability

Liability that depends on the accused's actual state of mind at the time of conduct.

Objective liability

Liability assessed by external facts or circumstances, not the defendant's actual state of mind.

Reasonable person

A hypothetical person used to assess whether the accused's beliefs or actions were reasonable under the circumstances.

Ordinary person

A hypothetical person placed in the accused's circumstances to gauge what a typical person would do; used in evaluating objective elements.

Honest and reasonable mistake of fact

A defense where the accused had a positive, honest belief about a factual circumstance that would render conduct innocent if true; the belief must be sufficiently specific and relate to the offense elements.

Positive turning of the mind

The act of forming a specific belief about a condition relevant to liability; must be directed to the relevant matter rather than a general sense.

Innocent

Not guilty of the charged provision; may still be guilty of other offenses or under different provisions.

Absolute liability

Offenses that require no mens rea; liability attaches regardless of the defendant's knowledge or intent; reserved for exceptional cases.

Strict liability

Liability without proof of mens rea for the core elements; after an evidential burden is met, the case may still be tested against the defendant's state of mind.

Evidential burden

The obligation to produce evidence supporting a given fact or defense; once met, the Crown must respond by proving the elements beyond that.

Road transport offenses

Traffic offenses governed by road rules that are often strict or absolute liability within a highly regulated framework.

Naru's case (drug driving)

A drug-driving case illustrating that under absolute liability, an honest and reasonable mistake cannot excuse liability.

Positive belief specificity

For an honest and reasonable mistake defense, the belief must be sufficiently specific to relate to the offense elements (not just a generic belief).