LAW 602 Lecture Notes - Lecture 8: Actus Reus, Regulatory Offence, Arraignment
12 Feb 2018
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Going to trial: actual decision to plead guilty or not is left up to the individual. 1990 sc decision based on a principle of fundamental justice (the right to disclose) Evidence to address elements of offence: prohibited act (actus reus) and mental element (mens rea: both have to be proven, a trial will start with the arraignment, the crown submitting its evidence. In fraud case key elements are dishonesty and deprivation. In canada there is no burden on the defence to disclose any case or evidence that it has: when the defence is in possession of evidence, you need to turn them over. If an individual were to defend themselves and have an excuse for not committing the crime, not at the location (alibi) If the defence had an expert, the other side (crown) would have to be given notice so they can be prepared: where the defence is raising a constitutional argument the other side has to be notified.
