LAWS 2302 Study Guide - Actus Reus, Mens Rea, Culpable Homicide
Document Summary
Mens rea and actus reus must be proben beyond a reasonable doubt. (he who asserts must prove). Actus reus can be prohibited act or act of omission. Act of omission: breaking legal requirements or expectations such as not giving the necessities of life to your children. Mike recommended that for the midterm we need to know jurisdiction, level of court, and year of each case in chapters 5 and 6. Jordan stabbed beaumont who later died in the hospital but not due directly to the stab wound. The doctors prescribed antibiotics which beaumont had a negative reaction to and later died. This was considered a significant intervening act breaking causation and therefore the actus reus was unable to be attributed to jordan. A man named creed was stabbed by smith with a bayonet in the back which unknowingly pierced his lunch.
