Reasonable Person Test

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General Principles

The "reasonable person test" is standard to be applied when considering a number of offences:

A reasonable person is one who is:

  • "reasonable, informed, practical and realistic" who "consider the matter in some detail"[1]
  • the person is not a "very sensitive or scrupulous" person, but is "right-minded"[2]
  • dispassionate and fully apprised of the case[3]
  1. R v S. (R.D.), 1997 CanLII 324 (SCC), [1997] 3 SCR 484 (S.C.C)
  2. S. (R.D.)
  3. R v Collins, 1987 CanLII 84 (SCC), [1987] 1 SCR 265 (S.C.C.), at p. 282
    R v Burlingham, 1995 CanLII 88 (SCC), [1995] 2 SCR 206 (S.C.C), at para 71

Context-Based Reasonableness

There is a difference between "contextualizing" an objective standard and individualizing the standard to suit the accused.[1]

Diminished Intelligence
A diminished level of intelligence or diminished mental capacity can be taking into account in "the application of the reasonableness standard in criminal cases".[2]

  1. R v Tran, 2010 SCC 58 (CanLII) at para 35
  2. R v Richter, 2014 BCCA 244 (CanLII), at para 43

See Also