CRIM 230 Lecture Notes - Lecture 2: Actus Reus, Indictable Offence, Sexual Assault
11 Oct 2016
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Actus reus (ar) the prohibited conduct, circumstances and consequences; a bad act. Actus non facit reum nisi mens sit rea. Both elements must be proven by crown counsel beyond a reasonable doubt (bard) Generally, a person cannot be convicted of an offence on intention alone. Example of attempt at bigamy in text. Conduct a voluntary act or omission) an exercise of free will. Circumstances in a specific context look to surrounding and material situation. Consequences that results in a particular occurrence (harm) Or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding 18 months. Theft (s. 322) (cid:1007) c"s of theft (cid:894)s. (cid:1007)(cid:1006)(cid:1006)(cid:895) Circumstances: fraudulently, or without color of right. Consequences: the owner is deprived of use, ownership etc. Proof of consequences is not always part of actus reus requirements: perjury (s. 131(1, uttering false statements completes the offence no one need believe or be influenced by conduct.
