Law 2101 Lecture Notes - Actus Reus, Criminal Negligence, Mens Rea
13 Mar 2014
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2 components for most criminal offences actus reus and mens rea, physical and mental. Reason for mental element provides the moral component that justifies punishment. General rules: the mens rea usually has to go to all elements of the actus reus. C may also have offences where there is an additional mens rea element beyond a/r. C crown has to prove beyond a reasonable doubt, usually does so indirectly by inference. If no m/r word (wilfully, knowingly, etc. ) in definition, generally read in the actus reus and mens rea must coexist (overlap) at some point. Intent/wilful blindness (highest form of mr) subjective. 1: recklessness subjective/objective, criminal negligence objective. Intention = deliberate conduct, knowledge of circumstances, desired consequences. Subjective what was actually in the accused"s mind. C: criminal negligence is objective similar to tort negligence, which involves conduct falling below that of a reasonable person, but criminal negligence requires a marked departure from that objective standard.
