Crim Law th
October 9 , 2012
Week 5, Tuesday
chapter 4- reread
brainstorm about mens rea
“but not for”
crime you are charged with can change with mens rea (guilty mind/intent)
unless there is mens rea, there is no crime.
The crown has the burden of proof, they have to prove every single element of the charge in the
3 components of actus reus:
conduct, circumstances, consequences (voluntariness is the main component as well)
two tests for mens rea
objective and subjective
Objective: person doesn't have to be aware of consequences their act has, it's imposed because a
reasonable person knows them. What should have been done. Used to be called the resonable man test.
Subjective: person commits crime, actus reus not in question, mens rea is in question. I