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Lecture 2

CRIM 230 Lecture 2: CRIM 230 5/15/17

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CRIM 230
Simon Verdun- Jones

CRIM 230 - Lecture 2 - The Actus Reus Elements of a Criminal Offence Unit 2 Overview ● Unit investigates essential nature of legal concept of actus reus ○ Elements of offence ● Analysis includes consideration of critical importance of voluntariness as essential component of criminal responsibility in Canada ● 3 major elements associated w/ concept of actus reus discussed ○ Conduct ○ Circumstances ○ Consequences Summary of Chapter 2 ● Introduces concepts of actus reus & mens rea ● Mostly concerns actus reus ● Terms actus reus & mens rea derived from legal axiom “actus non facit reum nisi mens sit rea” ○ Act does not render person guilty of criminal offence unless his/her mind also guilty ● Mens rea - refers to mental elements of offence ● Actus reus - refers to all other elements of offence ○ Must be proved by Crown in criminal trial Actus Reus of Offence ● Can generally be separated into 3 distinct components ○ Conduct ○ Circumstances ○ Consequences ● Robinson (2001) & Moquin (2010) cases illustrate court’s role in interpreting elements of offence not defined clearly in Code ● “Bodily harm” - requires Crown to prove injury interfered w/ health/comfort of victim & could not be considered merely transient/trifling in nature ○ S. 2 of CC ● S.2 of Code does not refer to psychological harm ● Moquin - affirms earlier judicial precedence that psychological harm - included in “bodily harm” ○ Assault m
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