LAWS 2302 Lecture Notes - Lecture 4: Mens Rea, Actus Reus, Solitary Confinement
Document Summary
Max. punishment for attempts/ accessory after the fact! Mens rea: intention to do that which would, in law, amount to the particular criminal offence! Actus reus: taking steps to carry out the intent that amount to more than mere preparation! Note: where the act is on its face equivocal, the crown will likely need to have some extrinsic evidence of intent in order to prove that the offence was actually attempted! Distinction between preparation and attempt is qualitative ! Look at the relative proximity between the accused"s actions and what have been the completed offence, in terms of time, location and acts under accused"s control yet to be accomplished! An act that amounts to commission does not lose its quality as the acts reuse of attempt because further acts are required, or because a period of time may lapse before the offence would have been completed! R. v. scott (1964 abca) pickpocket! offence !
