LAWS 2302 Lecture Notes - Lecture 3: Actus Reus, Mens Rea, Absolute Liability
18 Feb 2017
School
Department
Course
Professor
Document Summary
To convict a person of a criminal offence in canada, the crown must usually prove that 2 elements existed at the time the offence was committed the act itself and the intention to commit the act. Demonstrates a voluntary action, omission or state of being that is prohibited by law. Demonstrates that the act was intentional, knowing, negligent, reckless or willfully blind. Mens rea: the act will not make a person guilty unless the mind is also guilty. Actus non facit reum nisi mens sit rea. A person must be found to have had the necessary state of mind or mens rea for the offence before they can be found guilty. It is irrelevant whether or not the person knew the act was illegal ignorance of the law is not an excuse. E. g. s. 319 (2) it is an offence to wilfully promote hatred. What a reasonable person would have understood, perceived, or foreseen in a circumstance.
