LAWS 2302 Lecture Notes - Lecture 3: Actus Reus, Mens Rea, Abet
3 Aug 2016
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Attempts: 24(1) and 24(2, what is an attempt and what is considered an attempt. S. 463: punishments for conspiracies, attempts, and accessories, starting point - half the term of the punishment of completed act. Some offences include the punishment of attempt to complete the offence. Attempt is considered an offence committed: ex. No need to charge someone with attempt when encompassed by the act itself. Mens rea: most important aspect in attempts. Attempted murder: mens rea cannot be less than the specific intent to kill, high threshold for what is considered an attempt, mens rea is the same in attempted murder as well as completed murder. Attempted murder does not include actus reus: subjective foresight of death. Logan having the knowledge that death will occur. Likely to die is not sufficient for mens rea of attempted murder. Mens rea for other attempted offences: nothing less than specific intent to obtain prohibited act.
