CJS 211 Lecture Notes - Lecture 16: Actus Reus, Mens Rea
13 Aug 2020
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Document Summary
Elements of a criminal offence (actus reus and mens rea) Every criminal offence has elements that must be proven beyond reasonable doubt in order for conviction. Actus reus physical element, act that must be performed, or omission that is proscribed, consequences caused by act. Mens rea mental element, fault requirement, state of mind. Crime is where mens rea and actus reus meet. Crown must prove both the mens rea and actus reus of the offence (see r. v. cooper. Fagen (uk case) a person parked his car on a police officer (without intent). So the police officer started yelling and saying unpleasant things requiring him to move the car. The person, based on the tone, does not move the car. Therefore, the act started with the person parking the car on the police officer, and the intent came in when he applied force without consent . Act must be act of accused, and kind of act described in relevant provision.
