ELEMENTS OF THE OFFENCE - Mens rea - Wilful blindness

Law360 Canada (August 19, 2022, 5:44 AM EDT) -- Appeal by the Crown from the respondent’s acquittal on a charge of trafficking in oxycodone. The respondent was prescribed Percocet following work-related and other injuries. He admitted that he sold some of the pills. The trial judge accepted the respondent’s testimony that he was selling the prescription drug Percocet, but that he did not know that Percocet contained the ingredient oxycodone. On this basis, the judge concluded that the mens rea element of the offence was not established. The Crown argued that the trial judge erred in failing to apply s. 19 of the Criminal Code, that ignorance of the law was no excuse or in stating and applying the law regarding wilful blindness....
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