LAWS 2302 Lecture Notes - Lecture 4: Absolute Liability, Indictable Offence, Summary Offence
15 Mar 2016
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Type of crimes that we need mens rea are true crimes. Strict liability (may): offence where the defence of due diligence or reasonable care is available for the accused. Absolute liability (shall): no defence available when actus rea is proven: v. ping yuen. He vends soft drinks but was found selling alcohol. Section 24 of criminal code deals with attempts. An attempt occurs where the action of the accused has been halted or thwarted at some stage before the completion of the act for one or more reasons. Crown must demonstrate that the individual was committing a crime. Offence to attempt- if the accused can demonstrate that they did not commit the offence, but it was planned (mere preparation) One can prepare to commit a crime, but if you do not take the steps to attempt the actual action of the crime, you cannot be found guilty. The attempt is complete when you go beyond mere preparation.
