LS202 Lecture Notes - Lecture 2: Actus Reus, Mens Rea
3 Apr 2016
School
Department
Course
Professor
Document Summary
Inchoate: describes something that has just begun or that which is still in a rudimentary stage. Inchoate offences include attempts, and conspiracies hence, a crime that has been started but not completed. Because the actus reus of inchoate offences and participation is weak, both require a high mens rea or fault threshold. The crown must prove beyond a reasonable doubt that accused has subjective intent to carry out or participate in the completed offence. The criminal law punishes intent, even though actus reus is weak or preliminary. Mens rea of attempts: mens rea is the central element of an attempt since, by definition, the actus reus is incomplete. Weak/incomplete actus reus offset by strong fault requirement equals proof beyond reasonable doubt of specific intent to commit the completed offence. Attempts to commit crimes will often require proof of a higher form of mens rea than the completed crime because of their very nature as inchoate offences.
