LAW 602 Lecture Notes - Lecture 7: Actus Reus, Regulatory Offence, Associated British Picture Corporation
24 Feb 2020
School
Department
Course
Professor
Document Summary
Nature of defence depends on nature of charge and proceedings: criminal charge prosecution required to prove prohibited act (actus reus) and mental element (mens rea) beyond reasonable doubt. Benefit of doubt resolved in accused"s favour. Defendant presumed innocent, no obligation on defence to lead evidence to raise reasonable doubt: defence for regulatory offences depends on classification of regulatory offence: Mens rea: much like criminal offence, crown required to prove both prohibited act and mental element; defendant may raise reasonable doubt to be found not guilty. Mens rea perform the acts that constitute the actus reus of the offence. Ignorance of law not excuse for breaking law: criminal code, s. 19; provincial offences. If requisite mental element required by definition of the offence is lacking, offence is not proved, whether absence of requisite mental element was due to reasonable mistake of fact, or honest although unreasonable mistake of fact.
