LAWS 2302 Lecture Notes - Lecture 4: Actus Reus, Indictable Offence, Mens Rea
18 Feb 2014
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January 28 chapter 4: unfulfilled crimes and participation in crimes. The fault element, most important element of attempted crimes and actus reus is the necessary element. If the acts have gone beyond the steps of mere preparation. Canadian courts have not been able to universally define a prohibited act in criminal attempts. Acts don"t even have to be prohibited. A person can be guilty whether or not it was possible under those circumstances to commit the offense: ex. Stealing a wallet with no money in it: meaning impossibility is not a defense for attempt. An agreement to carry out the completed offense. Must be an agreement and meeting of minds to commit the offense. A person can be convicted of conspiracy even if the co- conspirators are not convicted* Attempted conspiracy is not recognized, due to the risk of extending the law too far to merely bad thoughts .
