WDW101Y1 Lecture Notes - Actus Reus, Canadian Red Cross, Mens Rea
5 Feb 2013
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Actus reus + mens rea (physical element) + (mental element) Facts: drove 23km to his in-laws house; attacked and killed his mother-in-law; seriouslyinured his father-in-law; charged with murder and attempted murder; evidence established he was sleep-walking at that time; evidence established that people who are sleepwalking cannot. Think, reflect or perform voluntary acts issue was not whether he acted voluntarily or not, once it was established he was sleep-walking, need to know if it was insane or non-insane automatism. Answer: there was no evidence that condition was the product of a disease of the mind; only non-insane automatism was availablehe was acting involuntary, not the product of disease of the mind, thus non-insane and acquitted. Scc confirmed that voluntariness is part of the ar burden on the crown to prove, Not likely that parks will reoffend again: v. stone (1999 scc)
