The purpose of this assignment is to research a recent case from a legal database considering subjective or objective mens rea and analyze issues concerning the case. This assignment covers unit 5. Your task is to prepare a written report on the case, considering questions posed by the instructor. Assigned readings and contributions to discussions will inform the approach you take to analyzing the legal and policy issues.
This assignment is worth 15 % of your final grade and the report must not exceed 900 words.
ASSIGNMENT DETAILS
A recent case in Canada has garnered international attention, and there has been significant media coverage of the case.
Case Research
Access the CanLII legal database at www.canlii.org , and research the recent precedent – setting case involving dangerous driving. The accused’s name is Sidhu, and the offences took place in Saskatchewan. The Sentencing Decision (Reasons for Sentence) was delivered on March 22, 2019 in Melfort Saskatchewan by Cardinal J. (Provincial Court of Saskatchewan).The victims were members of the Humboldt Broncos hockey team.
In this case, the accused pled guilty to several offences of dangerous driving causing death (section 249 (4) Criminal Code) and dangerous driving causing bodily harm (section 249 (3) Criminal Code).
There was and is continuing media coverage of this case- search “Humboldt Broncos” for additional background material if desired.
Judge’s Request for Report
Assume you are a judicial clerk (articled student) who is an assistant to Cardinal J.
As the accused pled guilty to the offences, it is implicit that the accused acknowledged he possessed both the actus reus and mens rea elements of the offences (see para. 47 of the Sentencing Decision).
Before embarking on writing and delivering the Sentencing Decision, however, the Judge has requested a brief Report from you including a summary of the law respecting the mens rea elements of the offences at issue. The Judge is aware there has been some fairly recent case law over the last few years addressing mens rea elements in this type of case, and simply wants to ensure s/he has a good overview of the law (a ‘”refresher”) relating to mens rea, before moving to the actual sentencing phase of the case. There is no turning the clock back – the accused has admitted to the mens rea – but Cardinal J. desires the background Report from you.
The Judge has instructed you there is no need to review any case law external to your textbook or other course materials, but free to do so if you think might help articulate the concepts. The Judge has also advised you that given the date of the offences, there is no need to concern yourself with the amended provisions of the Criminal Code relating to the dangerous driving offences, given the similarity between the “old” and “new” provisions. (see p. 114 textbook).
Contents of Report
Against this backdrop, the Judge has requested you address the following in your Report:
1) Describe subjective v. objective mens rea. What is the difference between the two? Define the basic forms of subjective mens rea. Provide a general definition of objective mens rea and the general requirements the prosecutor must prove.
2) From your textbook, describe a short example of a case involving subjective mens rea, and a case involving objective mens rea (for broad contextual purposes, use non-driving offences case examples). Briefly summarize the facts of each case and the court’s rulings. (Criminal law in Canada textbook) Check pages 75-76
3) What are the basic facts of the case at hand (the CanLII case you researched)?
4) What type of mens rea is relevant in this case? Is it subjective mens rea or objective mens rea? (You must apply your understanding of these concepts to reach your conclusions.)
5) Discuss two leading cases (“leading authorities”) concerning dangerous driving from your textbook. Summarize the facts of each case and the court’s rulings relating to mens rea. (Find it in Criminal Law Canada textbook)
6) Is the mens rea requirement the same for all types of driving offences? Briefly discuss.
7) Given that the accused has pled guilty in the case at hand, how is the element of mens rea supposed to be addressed for sentencing purposes?
Results of Your Report
Now that you have provided your Report to Cardinal, J., the Judge has imposed the sentence in the reported case you have researched on CanLII. To a minor extent, the Judge has written the Sentencing Decision with an awareness of the information included in your Report.
The assignment must be a maximum of 900 words, plus or minus 10%. At the end of the paper, please indicate the word count of the paper.
Please create a Cover Page, but a Table of Contents and References page are NOT required.
Please access the text book on
https://bookshelf.vitalsource.com/reader/books/9780176905316/pageid/0
Criminal Law in Canada is the textbook we use
Login is
hansrajaskiran@gmail.com
Password: Hansra56$
PLEASE ONLY USE THE CASE AND TEXTBOOK FOR SOURCES TO USE AS REFERENCES
