LAW 602 Lecture Notes - Lecture 10: Absolute Liability, Actus Reus, Mens Rea
17 Apr 2016
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Document Summary
Crown leads evidence in case in chief. Evidence to address elements of ofence: prohibited act (actus reus) and mental element (mens rea) In fraud case key elements are dishonesty and deprivaion. Standard of proof at criminal trial is proof beyond a reasonable doubt. Accused is presumed not guilty; no burden on defendant to demonstrate that he/she is not guilty. Accused enitled to beneit of the doubt. Accused must be found not guilty even if court suspicious of accused"s conduct, knowledge, or court thinks guilt likely or proven on civil standard that accused guilty. Raising doubt in prosecuion"s evidence so no need to call defence. Crown bears burden of proof beyond reasonable doubt; accused presumed to be not guilty. Type of regulatory ofence means diferent nature of defence that applies, but in all cases crown must prove prohibited act beyond reasonable doubt. If doubt as to proof of actus, accused enitled to acquital.
