AN ASPECT OF CRIMINAL NEGLIGENCE OR HOW THE MINOTAUR SURVIVED THESEUS WHO BECAME LOST IN THE LABYRINTH

Authors

  • PETER BURNS

Keywords:

Criminal Law, Negligence

Abstract

The dual character of criminal offences, resulting in the mens rea and actus reus analyses, is trite law. But has this dichotomy given rise to more problems than it has effectively resolved? Some legal scholars have suggested that it should be abandoned in favour of a more inclusive and perspicuous definition. One impetus for such a change concerns the ambivalent nature of negligence as a criterion of culpability. Peter Burns examines the meaning of “criminal negligence” through several recent Supreme Court of Canada judgements that have drawn a further dichotomy between criminal negligence in the operation of a motor vehicle and dangerous driving. He concludes that the mental ingredient of the crime of dangerous driving is more nebulous than ever before.

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Published

1970-03-01

Issue

Section

Legal Commentary