LAWS 2302 Lecture Notes - Lecture 8: Actus Reus, Rape Shield Law, Mens Rea
Document Summary
Note: page references refer to (12th edition/13th edition) Appeal from conviction for attempted handling of stolen goods. 2 officers in van, followed by police car. Defines legal impossibility in both cases (legal and factual impossibility): intended to commit a crime, was thwarted by some fact, or attendant circumstance. The above are all really the same thing. Legal impossibility refers to situation where the crime is imaginary: there is no mens rea known to law. For example, thinks sugar is illegal, and smuggles it into canada. Has mens rea for smuggling banned substance, but this mens rea is not known to our criminal law. Review so far: attempts: crown must prove actus reus and mens rea, mens rea for attempt is the specific intent to commit the completed crime (ancio) In order to determine whether preparation or attempt, compare (1) nature and quality of acts and (2) relative proximity (time, location, acts remaining) of acts (deutsch)
