LAWS 2302 Lecture Notes - Lecture 3: Actus Reus, Hash Pipe, Mens Rea
Document Summary
Mens rea: mens rea = guilty state of mind. (1) specific intent, at the very highest, the crown needs to prove this. Actus reus = voluntary act: a physical act is not an actus reus unless it is voluntary. If you are sleepwalking (r v parks), no actus reus because the actions were not voluntary: hutt v. the queen (1978, scc, she was a prostitute, and the police were doing an undercover investigation. In order to have possession, there has to be some control. Marshall had the pipe in his hand when he passed the pipe, but it was a reflex which is not an exercise of control. He was also not the driver: r v. terrence (1983, scc, p. 206188, his neighbor comes over demonstrating his new car. C. a. , p. 216/na) just a passenger, and did not know it was stolen: she has her boyfriend over, who is being followed by police.
