Reasonable Person Test
The "reasonable person test" is standard to be applied when considering a number of offences:
- Uttering Threats (Offence)
- Dangerous Operation of a Motor Vehicle (Offence)
- Robbery (Offence)
- Reasonable Apprehension of Bias
- Exclusion of Evidence Under Section 24(2) of the Charter
- Grounds for Release
A reasonable person is one who is:
- "reasonable, informed, practical and realistic" who "consider the matter in some detail"
- the person is not a "very sensitive or scrupulous" person, but is "right-minded"
- dispassionate and fully apprised of the case
There is a difference between "contextualizing" an objective standard and individualizing the standard to suit the accused.
A diminished level of intelligence or diminished mental capacity can be taking into account in "the application of the reasonableness standard in criminal cases".
- Exclusion of Evidence Under Section 24(2) of the Charter - requiring consideration of the "reasonable person"
- Aggravating and Mitigating Factors#Prohibited Factors - much of sentencing is guided by the judge looking st the offence from a reasonable person perspective