The intent or purpose of the person may also be a factor in considering whether the conduct issexual.
If the motive of is sexual gratification, will be factor in determining whether the conduct issexual.
OBJECTIVE MENS REA & True Crimes – standard usually “penal negligence”a.Manslaughter Offense
Conduct causing the death of another person;ii.Foreseeability of harm, andiii.Fault short of intention to kill.
Fault may consist either: in committing another unlawful act which causes the death, or incriminal negligence. b.Unlawful Act Manslaughter Offense:
Unlawful act must be objectively dangerous
(likely to subject person to danger of harm/injury);
Intent to commit this underlying act
Objective foreseeability of the risk of bodily harm that is non-trivial
∆ must possess capacity to appreciate the risk flowing from his conduct.
Criminal Negligence Manslaughter Offense:
Unlawful act that exhibits a marked departure from the standards of a reasonable person in allof the circumstances, AND
Objective foreseeability of the risk of non-trivial bodily harm
Capacity to appreciate the risk flowing from his conduct.d.Dangerous Operation of Car Causing Death Offence
∆ driving dangerously, in light of all the circumstances, and;
Whether the manner of driving, viewed on an objective basis, constitutes a marked departure from thenorm of a reasonable person in
of the ∆.
Unlawfully Causing Bodily Harm
Underlying unlawful offence that is objectively dangerous (likely to subject another person to harm);
Intent to commit the underlying offence
Caused bodily harm to another person as a result of committing that underlying offence
Harm caused must have sufficient causal connection to the underlying offence committed
While having objective foresight of bodily harm
REGULATORY OFFENSES – Presumed to be “Strict Liability”a.Strict Liability:i.Don’t need to prove MR; the doing of the prohibited act prima facie imports the offence.
Public Welfare Offenses/Provincial Law = traffic infraction, liquor laws, sale of impure foodiii.Offense Language = “Cause” “Permit”
Defense of Due Diligence MUST be available:1.Reasonably believed in a mistaken set of facts, OR 2.Took all reasonable steps to avoid the particular event. b.Absolute Liability:
Denies ∆ the opportunity to put forward a defense of due diligence. Whether the offence falls into thiscategory:ii.The overall regulatory pattern adopted by the Legislatureiii.the subject matter of the legislation & the importance of the penalty
and the precision of the language used1.If jail time, offense s. 7 of Charter, so presume Strict Liability
INCOHATE OFFENSES – No Doubling up
Aiding & Abetting -Generally:i.Can be convicted for aiding (physically supporting) or abetting (encouraging) the accused to committhe offence. Can be convicted for not only the offences they intended to aid or abet, but also another offence, provided that it is a foreseeable outcome of the offence they did intend to aid or abet