LAW 602 Lecture Notes - Lecture 7: Actus Reus, Regulatory Offence, Mens Rea
17 Apr 2017
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Document Summary
Nature of defence depends on nature of charge and proceedings . Criminal charge prosecution required to prove prohibited act (actus reus) and mental element (mens rea) beyond reasonable doubt. Benefit of doubt resolved in accused"s favour. Defendant presumed innocent, no obligation on defence to lead evidence to raise reasonable doubt. Full mens rea offence under criminal code requires that the accused have an intent to perform the acts that constitute the actus reus of the offence. Ignorance of law not excuse for breaking law: criminal code, s. 19; provincial offences act of. Ontario, s. 81: ignorance of the law by a person who commits an offence is not an excuse for committing that offence . Since ignorance of the law is no excuse for breaking the law, due diligence consists in taking steps to fulfil a duty imposed by law, and not in ascertaining existence of statutory prohibition or its interpretation.
