WDW225 Exam Booklet - Law Principles

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Woodsworth College Courses
William Watson

PRINCIPLES OF LAW What constitutes a crime? Mental element - mens rea Physical act - actus reus ACTUS REUS AND OMISSIONS set out in the Criminal Code involves an act or omission may involve a specified consequence (causation) may involve a specific circumstances (lack of consent) must be voluntary (physical element) + (mental element) criminal act + criminal intent Actus Reus 1. defined in the Criminal Code Read the provision of the Code 2. involves an act or omission Omission requires a legal duty to act 3. may involve a specified consequence Causation = factual and legal causation Factual causation = contributory cause that is beyond de minimis Legal cause = no break in the chain of causation by an intervening act or remoteness 4. may involve a specified circumstance EXAMPLE: absence of consent consent can be vitiated (deemed invalid) by fraud or other social policy (ex. Fighting) 5. must be voluntary Involuntary of acting in a state of automatism non-insane automatism vs. insane automatism Always defined in the Criminal Code - could be more than one element to the actus reus - read the Code sections - will involve an act or omission - might specify a particular consequence (might specify causation) - might specify a particular circumstances (absence of consent) Criminal law: Act + Fault Act: 1) of commission, or, 2) in certain cases only, of omission, 3) that is voluntary, and, 4) If the consequences are part of the definition, have caused those consequences Causation may not be part of the definition in the Criminal Code OMISSIONS Actus reus usually involves an act of commission (positive act) BUT can sometimes involve an act of omission (failure to act) Must be a legal duty to act www.notesolution.com
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