PSY328H1 Lecture Notes - Lecture 8: Actus Reus, Fundamental Justice, Psychiatric Hospital
Document Summary
Missed first hour up until elements of criminal offences got notes from emily. There are two elements of criminal offences the crown must prove to convict an accused person: actus reus: the act itself. Occasionally refers to failure to do something: mens rea: capacity of the accused to understand what they were doing was legally and morally wrong. Mental capacity and intention of the perpetrator to commit the offence. M"naghten killed prime minister"s secretary but was suffering from paranoia and the. M"naghten rule came from this trial (where he was found not guilty by reason of insanity). Defendant presumed sane and responsible for crime (in the same way as presumed innocent) Defendant was laboring under defect of reason" or disease of the time" at time of crime. Defendant did not know what he was doing, or if he did, that he did not know it was wrong (includes both legally and morally wrong)
