LAWS 2301 Lecture Notes - Lecture 8: Actus Reus, De Minimis, Mens Rea
1 Feb 2017
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Review all four pieces of legislatures used in the midterm paper outfit. Crown has the responsibility to prove the crime beyond a reasonable doubt. Actus reus= guilty act: can often include an omission, the lack of a duty, the difference between murder and manslaughter is the actus reus, manslaughter, one punch bar fights. Objective foreseeability is the main feature of manslaughter. Only common law offense is contempt of court. Not in the criminal code, it"s a judge made offense. Actus reus often plays an important role in determining criminal liability. Ex: sexual asault. (previously known as rape: was previously non consensual sexual intercourse by a man with a woman who was not his wife. Wife therefore was in a state of perpetual consent. Mistaken belief in consent is under mens rea since it is in the mind/subjective view of the defendant. Every element of a act has to be proven beyond a reasonable doubt by the crown.
