Explain in what circumstances it should be applied


Problem

The Supreme Court of Canada has considered if and when the offender's subjective view should be applied when assessing the elements of an offence. In doing so, they considered a specific test. Name, describe and explain the test. Explain in what circumstances, if any, it should be applied and how it can impact criminal liability for an offender. Be sure to provide the name of the case (from your readings) that dealt with this issue and the specific issue that had to be determined by the Court.

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