LS202 Lecture Notes - Ice Fishing, Summary Offence, Actus Reus
24 Feb 2013
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Elements of a criminal offence: act or omission (actus reus, action or omission in violation of a law, criminal intent (mens rea) meant to do it, union of actus reus and mens rea, 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 crown must actus reus show happened beyond a reasonable doubt trigger to show there"s actus reus. Physical action that constitutes a crime with evidence of that unlawful conduct. Mala in se = evil in itself ex. 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. Part of actus reus crown must show event was caused by the accused ex.
