Textbook Notes (362,793)
Canada (158,054)
Criminology (610)
CRIM 230 (44)
Chapter 2

Crim 230 Chapter 2.pdf

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Simon Fraser University
CRIM 230
Simon Verdun- Jones

Chapter 2 The Actus Reus Elements of a Criminal OffenceIntroductioncriminal conviction requires actus reusculpable actand mens reaguilty mind cannot convict accused unless prosecution can prove beyond a reasonable doubtActus non facit reum nisis mens sit reaan act does not render person guilty of offence unless hisher mind is also guiltyact must be a voluntary act of accused for actus reas to existwhy is actus reus important it is actus reus elementsof an offence that justifies the intervention of criminal justice systemCrown must establish accused has engaged in conduct defined as criminal in sense that all necessary actus reus elements can be proved beyond a reasonable doubtperson cannot be convicted if actus reus and mens rea did not occurbigamyoffences when person goes through form of marriage while still married to another or goes through w marriage w another person knowing that the other person is married marriage w more than on personstate should punish those for overt actions than intentionsexercise of free will to use particular means to produce a particular resultThe Actus Reus as a Combination of Conduct Circumstances and Consequences3 elements of actus reus1conducta voluntary actomission constituting a central featuer of a crime2the surrounding and material circumstances relevant to the definition of crime3consequences of voluntary conductapply these 3 elements to assaultCC s265 states it is committed when one person intentionally applies force to another person without consent of that person directly or indirectlys267 states any one who carries uses or threatens to use a weapon or causes bodily harm to complainant is guilty of indictable offencess 2 of CC sets that bodily harm means hurt or injury to a person that interferes w health or comfort is transient sufficientconduct is represented by application of force to personmaterial circumstances is that such force was applied wo consent of victimconsequence is that victim sustained bodily harmExceptions to the General Rule Requiring Conduct Circumstances and ConsequencesOffences Where Consequences Are Not a REquired Element of Actus Reusthere are significant numbers of offences that Crown is not required to prove that accuseds conduct caused any particular consequencesex s1311 of Code of perjury lying under oathlacks consequence but not necessary that the false statement actually misled the court but only the accused intended to mislead the courtOffences Where Conduct is Not a Required Element of the Actus ReusCrown merely required to prove that accused was discovered in a particular condition or state ex in possession of housebreaking instruments being in an occupant of a motor while impaired above 80Being in Possession of Housebreaking Instrumentss3511every one who without lawful excuse the proof of which lies on him has in possession any instrument suitable for purpose of breaking into any placevehiclevaulsafe that gives rise the instrument has been used or was intended to be used for such purpose is guilty of offenceall Crown must establish is that instruments in accuseds possession are suitable for purpose of breaking in to housescars etc merely be found in possessionsBeing the occupant of a Motor Vehicle Knowing that it was taken without the Owners Consents3351 of CCoccupant of motor vehicle knowing that it was taken without the consent of the owner is a summary convictionCrown doesnt need to establish that the occupant was involved in taking vehicle but establish heshe was found in vehicle w necessary guilty knowledge beyond a reasonable doubtdefence for the occupant is that upon becoming aware that the vehicle was stolen heshe attempted to leave
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