LS202 Lecture Notes - Lecture 3: Actus Reus, Inchoate Offense, Mitigating Factor
11 Apr 2016
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Describes something that has begun/still in rudimentary stage crime = started, but not completed. Parties to an offence = those involved in carrying out/attempting to carry out an offence. Relation of inchoate and parties to an offence = provisions governing attempts and parties are united in imposing criminal sanction, carry high moral guilt both require high lvl of mens rea/fault threshold bc actus reus = weak. Everyone who, having an intent to commit an offence, does anything (beyond mere preparation) for purpose of carrying out the intention = guilty. Actus reus: no universal definition, interpreted case by case basis for determining when mere planning has ended = consider proximity of act in question of what would"ve been the completed offence. Mens rea: strong fault requirement, require proof of higher form of mens rea. Considered to be complete before any acts are taken. Crown = prove meeting of the minds with regard to a common design to commit a crime.
