LY205 Lecture Notes - Sleepwalking, Actus Reus, Mens Rea
Document Summary
Week 5, tuesday chapter 4- reread brainstorm about mens rea. But not for crime you are charged with can change with mens rea (guilty mind/intent) unless there is mens rea, there is no crime. The crown has the burden of proof, they have to prove every single element of the charge in the criminal code. 3 components of actus reus: conduct, circumstances, consequences (voluntariness is the main component as well) two tests for mens rea tests: objective and subjective. Objective: person doesn"t have to be aware of consequences their act has, it"s imposed because a reasonable person knows them. Used to be called the resonable man test. Subjective: person commits crime, actus reus not in question, mens rea is in question. Specific intent: more serious offences like murder, kidnapping, assault with a weapon you have to have intention (i am here to murder you) some charges have subjective and some have objective tests.
