CRIM 135 Chapter 10: CRIM-135 - Chapter 10 Notes (Textbook + Lectures)
7 Jan 2014
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Offences against persons, offences against property, offences considered to by evil in themselves. Criminal law is the most coercive and intrusive form of public law. Defines what the state regards as intolerable deviance. Definition of crime should openly face the moral issues. Actus reus an evil act; the forbidden act. Two very important aspects of actus reus: every act must be voluntary, must be specified in legislation so that the forbidden act can be recognized and defended against (section 7 of charter) Must be committed in order to be convicted of a criminal offence. Must simultaneously posses mens rea an evil mind or intention. Objective intention committing an act, court evaluates your conduct to figure out the intention; reasonable person test. Subjective intention acts that reflect blatant intention. Only the coincidence of mens rea and actus reus can lead to criminal conviction. The nature of mens rea changes as one moves from offence to offence (precedent not used?)
