CRI225H1 Lecture 4: Lecture 4_ October 2
19 Jan 2020
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Document Summary
Actus reus and mens rea must be present at the same time in order for an offence to be made out. Actus reus: act of commission, or in certain instances, an act of omission (usually defined in the. That causes any identified consequences set out in the code. Is committed in circumstances defined in the code. Generally, criminal liability attaches to things people actually do (actions) rather than things they fail to do (omissions) In order for an omission to constitute the actus reus of an offence: Accused must be placed under a legal duty to act. Omission in question must be a failure to fulfill that legal duty. In order to constitute the actus reus of an offence, an act must be voluntary or willed on the part of the accused. Some offences can be made out regardless of whether the act in question results in a particular consequence.
