CRM 2300 Lecture Notes - Lecture 5: Actus Reus, A.C.A.B., Crime Prevention
Document Summary
The actus reus elements of a criminal offence: the exceptions. Offences where conduct is not a required element of the actus reus: (crown is not required to prove that that the accused caused any particular consequences. The (cid:272)(cid:396)o(cid:449)(cid:374) p(cid:396)o(cid:448)es that the a(cid:272)(cid:272)used (cid:449)as fou(cid:374)d i(cid:374) a pa(cid:396)ti(cid:272)ula(cid:396) (cid:862)(cid:272)o(cid:374)ditio(cid:374)(cid:863) o(cid:396) (cid:862)state(cid:863). The accused was found in a very particular state or condition. As long as the state proves that beyond reasonable doubt. 1. being in possession of housebreaking instrument (like being an occupant of a motor vehicle knowing that it was taken without the consent of the owner and being in control of the vehice whle impaired over 80) Evidence collected to prove the element of conduct of the actus reus. Ex: stranger caught in the middle of the night, lurking. But a man carrying a baton would be enough. The case of k. (s). (1995) does not have a lawful excuse.