CRM 2300 Lecture Notes - Lecture 4: Assault Occasioning Actual Bodily Harm, Assault Causing Bodily Harm, Sexual Assault
Document Summary
Actus non facit reum nisi mens sit rea. Meaning: an act that does not render a person guilty of a criminal offence unless his or her mind is also guilty. Actus reus: a particular event or state of affaires was caused by the accused conduct. Mens rea: the conduct was accompanied by a certain state of mind. The crown needs to prove that they both coincide for the person to be charged. The existence of actus reus = intervention of the cjs. To be held criminal responsible: crown must prove beyond reasonable doubt all the necessary actus reus elements. The existence of mens rea does not lead to conviction. Ex state should punish people for their overt action rather than their wicked intentions. 3 elements of actus reus: conduct: a voluntary act or omission or state of being ; constituting the central feature of the crime, circumstances: the surroundings and material, the consequences: of the voluntary conduct.