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Actus Reus.docx

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Department
Legal Studies
Course
LS 202
Professor
Frances Chapman
Semester
Winter

Description
LS 102 Criminal Law - Actus Rues JAN 24 Elements of a Criminal Offence 1. Act or omission (actus reus) 2. Action or omission in violation of a law 3. Criminal intent (mens rea) Meant to do it 4. Union of actus reus and mens rea 5. Punishment provided by law -crown must prove an offence by proving both actus reus, the voluntary act or omission that is the basis of the criminal offence, and the mens rea Actus Reus - physical action that constitutes a crime with evidence of that unlawful conduct - crown must actus reus show happened beyond a reasonable doubt - trigger to show there’s actus reus - mala in se = evil in itself ex. Murder - mala prohibited = prohibited evil ex. Society concludes it’s a bad thing Voluntariness - willing mind ex. None in sleepwalking - onus of proving voluntary - crown must prove you were fully conscious and in control when committing act - assumption that all acts are voluntary, up to client to prove Causation - part of actus reus - crown must show event was “caused” by the accused - ex. Homicide  a person commits homici
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