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Old 03-01-2013, 07:39 AM   #116
valo403
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Join Date: Feb 2009
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Quote:
Originally Posted by Makarov View Post
In order to be found guilty of a criminal offence in Canada, an accused person must have the required mens rea. In the case of possession offences, the minimum mens rea is knowledge. This means to say that the accused person must know that they possess the prohibited thing and that they know what the prohibited thing is (note: they do not need to know that the thing they possess is prohibited.)

So, in all of your hypothetical examples, the person in question would not be guilty of an offence.
Isn't possession of child pornography a strict liability offense? Maybe I'm mixing up jurisdictions.
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