CRI225H1 Lecture Notes - Lecture 4: Actus Reus, Culpable Homicide, Indictable Offence
20 Oct 2016
School
Course
Professor
Document Summary
Criminal law lecture 4 essential elements of the criminal. Oakes test- argues that despite the law, is unconstitutional argues 4 points on why it should exist, minimal impairment, proportionality, rational, pressing and substantial objective. Must pass all, 4 or the provision is unconstitutional. Every crime has 2 essential elements: physical element or actus reus. Conduct (or omission) that makes up the crime. One or more physical acts: mental element or mens rea. State of mind that accompanies the act. Crime= act (actus reus) + fault (mens rea) An act of commission or in certain cases, an act of omission (usually defined in the code that is voluntary) Causes any defined consequences (set out in the code) Committed in circumstances defined in the code. Need to read the code carefully to determine the elements of the actus reus the crown must prove.
