Crim law CH4 subjective mens rea

what is subjective mens rea asking?

what actually went on in the accused’s mind at the time of the offense, including their intent, knowledge, or recklessness regarding the outcome of their actions.

what are the four main forms of subjective mens rea?

Intent, knowledge, recklessness, and wilful blindness

what is intent?

A mental state where the individual desires to bring about a particular result or outcome through their actions.

what is knowledge?

the accused actually knew the relevant circumstances existed and understood the nature of their actions, which can influence the legality of those actions.

what is recklessness?

A mental state where the individual is aware of a substantial and unjustifiable risk that their actions will cause a particular result, yet chooses to proceed regardless.

what is wilful blindness?

deliberately avoiding knowledge of something the accused strongly suspects is true to evade liability or consequences.

what is the difference between recklessness and wilful blindness?

recklessness = knows the risk and continues

wilful blindness = deliberately avoids knowing the truth

what is motive?

the reason behind the accused’s actions or behavior, often indicating why an individual committed a crime. It helps provide context and understanding of their intent but is not necessary to establish guilt.

Intention vs. motive?

Intention = what they meant to do

Motive = why they wanted to do it

does the crown have to prove motive?

No, proving motive is not necessary for establishing guilt in a criminal case; it may provide context but is not required.

what is general intent?

intent to perform the physical act + an additional required intent to achieve a specific result or purpose.

what is transferred intent?

intent can transfer when the same type of offence is committed against a different victim

what is required for murder based on recklessness?

subjective foresight that death is likely to occur as a result of the defendant's actions, demonstrating a disregard for human life.