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R v DeSousa ''R v DeSousa'' () 2 S.C.R. 944, is the Supreme Court of Canada case where the Court determined the Constitutionally required level for mens rea for the charge of "unlawfully causing bodily harm". The case is one of a series of cases including ''R. v. Hundal'' and ''R. v. Creighton'' where the Court reduced the requirement for culpability for a number of crimes. == Background == Shortly before midnight, during a New Year party in Toronto on December 31, 1987, a fight broke out. Several people started throwing bottles including Joao DeSousa who threw a bottle that ricocheted off the wall and hit Teresa Santos in the forearm causing serious harm. DeSousa was charged with unlawfully causing bodily harm contrary to s.269 of the Criminal Code. The issue before the Court was whether s.269 of the Criminal Code violated the s.7 of the Charter as it potentially allowed for prison sentences for "Absolute Liability" offences (which was deemed unconstitutional in ''Re B.C. Motor Vehicle Act'').
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