CRI225H1 Study Guide - Quiz Guide: Actus Reus, Mens Rea, The Offence
Document Summary
Two essential elements of any offence: actus reus (physical, mens rea (mental) Principle of co-existence/simultaneity: both actus reus and mens rea must be present at the same time in order for an offence to be made out. Temporal co-existence: if one commits the actus reus at one moment, has the mens rea at a different moment, the combination doesn"t amount to criminal liability. Not always necessary for guilty act and intent to be completely concurrent. Criminal liability attaches to things people actually do rather than things they failed to do. Codification of offences reflects the principle of fixed, defined, ascertainable law. Criminal responsibility attaches to action but failure to act. To be guilty by omission: the offence must contemplate guilt for omissions, the accused must be placed under a legal duty to act, the omission in question must be a failure to fulfill that legal duty.