7.-(1) The standard test of knowledge is-

Did the person whose conduct is in issue know of the relevant circumstances or have no substantial doubt of their existence?

(2) The appropriate key words are-

(a) the verb "to know" in any of its forms;

(b) "knowledge" and "knowingly"; and

(c) any of the words mentioned in section 6 (2) above, if used so as to imply that the person whose conduct is in issue cannot intend to produce a particular result unless he knows some particular fact or facts.

CRIMINAL CODE

PART I - General Provisions

TITLE II - Interpretation and General Explanations

The Standard Tests and the Keywords


1. Whether the person 1. The fact that the result was a
charged with the offence natural and probable result
of such conduct.
(a) intended to produce a
particular result by his conduct;

(b) was reckless as to whether
his conduct would produce
a particular result;

(c) foresaw that his conduct
might produce a particular result.



2. Whether he knew a particular fact. 2. The presence of
circumstances leading to the
inference that a reasonable
man in his circumstances
would have known the fact
existed

3. Whether he was reckless as to 3. The presence of
whether particular circumstances circumstances leading to the
existed. inference that a reasonable
man in his situation
would have realised that the
circumstances might exist.