CRI225H1 Lecture Notes - Lecture 6: Fundamental Justice, Criminal Negligence, Actus Reus
16 Nov 2020
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Class 6: mens rea ii - objective and mistake of fact. There are two essential elements of any offence: actus reus - the physical element, conduct (voluntary act or omission) plus, any consequences that must be caused, mens rea - the mental element. Should the reasonable person in a given case be endowed with the characteristics of the accused (eg age, race, gender, education, background, etc) Facts: creighton, martin and caddedu got together at martin"s apartment, planning to consume cocaine together. With martin"s consent, creighton then injected some of cocaine into her forearm. She immediately began to convulse and appeared to stop breathing. (expert evidence at trial confirmed that she had experienced a heart attack as as a result of the injection, and then choked on the contents of her stomach. ) Caddedu wanted to call 911, but creighton forcefully talked him out of it. Creighton put martin on her bed, cleaned the apartment of fingerprints, and left with.
