Reasoning
Justice Cory, writing for the majority, recognised that mens rea could be proven subjectively or objectively depending on the offence. The offence at issue should be assessed objectively within the context of all the surrounding events. "The trier of fact must be satisfied that the conduct amounted to a marked departure from the standard of care that a reasonable person would observe in the accused's situation." On this modified objective standard it was found that Mr. Hundal was driving in a manner that was dangerous to public safety.
Read more about this topic: R. V. Hundal
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