CRI225H1 Lecture Notes - Lecture 4: Indictable Offence, Implied Consent, Sleepwalking
16 Nov 2020
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Is committed in circumstances defined in the code. Actions and omissions: generally, criminal liability attaches to things people actually do (actions) rather than things they fail to do (omissions) In order to constitute the actus reus of an offence, an act must be voluntary or willed on the part of the accused: It must be a conscious act: the accused must have an operating mind, the accused must be capable of making a decision or choice. Week 4: actus reus ii - circumstances, consequences, causation. Some offences do not mention consequences at all and they do not require consequences: ex: assault. If you commit assault, you apply force to someone without their consent and there does not need to be consequences, enough to make the actus reus. Some offences are specifically written to say that the offence can be made out regardless of whether the act in the question results in a particular consequence.
