LAW 602 Lecture Notes - Lecture 9: Actus Reus, Regulatory Offence, Absolute Liability
25 Feb 2016
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Document Summary
In a criminal trial, the crown leads evidence in case in chief. Evidence to address elements of offence: prohibited act (actus reus) and mental element (mens rea). In fraud cases the key elements are dishonest and deprivation. Standard proof at criminal trial is proof beyond a reasonable doubt (95%). The accused is presumed not guilty, no burden on defendant to demonstrate that not guilty but they are entitled to benefit of doubt. The accused must be found not guilty even if court is suspicious of accused"s conduct, knowledge or even thinks guilt likely or prove on civil standard that accused guilty. Raising doubt in prosecution"s evidence so no need to call defence. Crown bears burden of proof beyond reasonable doubt. Type of regulatory offence means different nature of defence that applies, but in all cases crown must prove prohibited act beyond reasonable doubt. If doubt as to proof of actus, accused entitled to acquittal.
