LAWS 2302 Lecture Notes - Lecture 4: Actus Reus, Mens Rea
Document Summary
For the most part, not difficult to prove. The actus reus is the prohibited act and/or conduct. May also be an act of omission. Come as a result of the consequences of the prohibited act and/or conduct. Determined by the court b/c it is a question of law it must be decided by a court of law. Wherever there is a significant intervening act/event that will break the causal chain. Go back to textbook & take notes on this. Timothy and mathew attacked someone playing pool. Timothy strike at victim, fell over on pool table. Cant conclusively gather evidence, so everyone was acquitted. Intervening act: trial judge made an error, found possibility of reasonable foreseeability, look at it from an objective perspective, appeal to supreme court of canada. Beardsly was a bar tender, married, wedding. Once he finds out about the drugs, slaps it away, mistress finds it again but enters into coma.
