CRM 200 Lecture Notes - Actus Reus, Intoxication Defense, Mens Rea
15 Apr 2014
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Accused commits the action (actus reus) part, but under mistaken facts. Have to prove both mens rea and actus reus, and if cant this is how it comes to claim. Two elements: first of all, mistake has to be honest, second element is no offence would have been committed if accused believed it to be. Less reasonable the mistake was, the more difficult to prove it was honest. Although mistake doesn"t have to reasonable, cannot be willfully blind - if either or is present, cannot use the defence of mistake of fact. Was told by probation officer only reason being charged was because of his intervention; does it again, Tried to use mistake of fact defence; denied being reckless or being willfully blind; Can"t use mistake of fact because was willfully blind, didn"t make inquiry where suppose to injected. Should have looked at file regardless of miranda. Or honestly believed that cordelia consented to the injection.
