WDW101Y1 Lecture Notes - Lecture 6: Actus Reus, Mens Rea, De Minimis
19 Nov 2012
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Must be voluntary: involuntary or acting in a state of automatism, non-insane automatism vs. insane automatism. Defined in the criminal code: read the provision. Always involves an act or omission: omission requires a legal duty to act. May involve a specified consequence: causation = factual and legal causation, factual causation = contributory cause that is beyond de minimis, legal cause = no break in the chain of causation by an intervening act or remoteness. May involve a specified circumstance: consent can be vitiated (deemed invalid) by (a) fraud (b) social policy -- fighting, unconscious sex. Facts: pagett used girl as a human shield after he shot police; police shot at him but killed the girl; pagett was charged with her murder. Ruling: intervening act must be voluntary and culpable to break the chain of causation but for his action, the girl would haven never been shot. Who theory and system that is based on our justice system.
