LAW 602 Lecture Notes - Lecture 6: Actus Reus, Regulatory Offence, Mens Rea
24 Feb 2020
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Reasonable doubt is enough to amount for an acquittal: burden of proof beyond reasonable doubt applies to all elements of offence: Mens rea element (mental element/guilty mind/fault) and. Actus reus (physical element/prohibited act or consequence) The mental element on the charge of robbery would be that the person intended to steal a purse but if they were intoxicated, that would raise a doubt on the fault element. Both actus reus (prohibited act) and mens rea (fault element) need to be proved beyond reasonable doubt: elements of fraud offence to be proven beyond reason doubt by crown: The crown will have to prove both elements beyond reasonable doubt. Crown must prove actus reus for all offences, for strict liability the defence must prove due diligence on balance of probability. Regulatory offences presumed to be strict liability: burden of proof for strict liability:
