CRIM 230 Lecture Notes - Lecture 4: Actus Reus, Mens Rea, Partial Defence
28 Aug 2016
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Document Summary
Chapter 4: the mental element in the criminal law. Mens rea refers to all of the mental elements, other than voluntariness, that the crown must prove to obtain a conviction of a criminal offence. These mental elements inevitably vary from crime to crime. Mens rea required for murder vs. arson is very different. To establish what necessary mens rea elements are needed, it is vital to analyze the mental elements that are required in relation to each component of the actus reus of the specific offence concerned. The mens rea requirements of criminal law operate to excuse from criminal liability all those accused persons who cannot be considered to be blameworthy for their conduct. Mistake of fact, must be acquitted due to lack of mens rea. Accused may lack necessary mens rea if they do not understand or intend the consequences of his actions. Those who are mentally disordered also lack mens rea.
