R v Zora

Document Type

Response or Comment

Publication Date



Offences Against the Administration of Law and Justice, Failure to Comply with Conditions of Undertaking or Recognizance, Elements, Mens Rea


This 4-1 decision of the British Columbia Court of Appeal on the mens rea of breaching a bail condition contrary to s. 145(3) of the Criminal Code demonstrates that the question of classifying criminal offences as objective or subjective fault is not an easy one. As the long list of cases cited by the majority indicate, this question has led to inconsistent decisions at both the trial and appellate levels.