ELEMENTS OF THE OFFENCE - Mens rea

Law360 Canada ( August 28, 2024, 1:30 PM EDT) -- Appeal by Parsons from her conviction for theft over $5,000. Parsons claimed she had an agreement with her employer to receive extra pay via e-transfers for working more hours than permitted while receiving disability benefits. However, her employer denied any such agreement existed. Parsons made numerous e-transfers to herself from the company's account without authorization. On appeal, Parsons submitted that the trial judge (judge) erred in his application of the mens rea for the offence of theft and he failed to explicitly determine if she had an honest belief in a colour of right to take the extra funds, which was required for the mens rea of theft. The Crown argued that the judge did consider and reject Parsons' claim of colour of right when he found no agreement existed for the extra payments. The appeal centred on whether the trial judge properly grappled with the colour of right issue as part of determining Parsons' mental state for theft, or if he erred by failing to expressly analyze this component of the mens rea....
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