LS202 Lecture Notes - Lecture 4: Actus Reus, Mens Rea

• School: University of Waterloo
• Department: Legal Studies
• Course: LS202
• Professor: Susan Brophy

Document Summary

Intent to steal (theft: malicious forethought (murder) 2 aspects of fault element in criminal offence: circumstances and consequences, of mens rea in relation to actus reus, precise fault element required, not simply subjective, must link specific fault to specific act. Mens rea concerned with consequences of prohibited act (actus reus) : murder as a voluntary act: prohibited act/actus reus = murder, fault element/mens rea = intent to cause death. When statutes lack clear definitions uphold requirements for mens rea: unintentionality, recklessness, knowledge, wilful blindness. Criminal offences require mens rea in relation to actus reus: unless parliament indicates otherwise. R v sault ste marie: case #2, criminalized fault. Fault element in criminal law different than civil. Mens rea (especially in criminal law: focus on mental state of accused, requires proof of intent or recklessness. Less focus on mental state of accused: conduct assessed against objective standard, question of reasonable care, not intent.