Criminology Notes
  • Criminology Notes

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Criminology Notes

Summary:

This document contains comprehensive notes on Actus Reus and Causation in the Canadian Criminal Code of Justice concerning criminal law.

  • The first note is from CRM 2300 – The Actus Reus Elements of a Criminal Offense
  • The second note is from CRM 2300 – Lecture 3 (Causation in Criminal Law)
Excerpt:

The Actus Reus Elements of a Criminal offense

Introduction

 Two elements of a criminal offense to be proven beyond a reasonable doubt:
1. Actus reus a particular event or state of affairs was “caused by the accused person’s conduct.
2. Mens rea: the conduct was accompanied by a certain state of mind (mental elements of an offense)

 Why is it important to focus on the actus reus elements of a criminal offense?
 This is because it’s easier to connect the accused with the crime committed. Actus reus elements are physical evidence.

 The existence of actus reus = intervention of the CJS
 To be held criminally responsible: the crown must prove beyond a reasonable doubt all the necessary actus reus elements.
 The existence of mens rea (by itself) does not lead to conviction
 Actus reus and mens rea must coincide
 Voluntariness elements in actus reus

Actus Reus

 There are three possible elements of the actus reus of a criminal offense:
1. Conduct: a voluntary act or omission or state of being constituting the central feature of the crime
2. Circumstances: the surroundings and material (relevant to the definition of the crime)
 What makes that act illegal: e.g., lack of consent
3. The Consequences: of the voluntary conduct (specified in the definition of the crime)
 The death of a person is the result of a stab wound (Conduct)

Defining the Elements of Actus Reus

 Example: assault causing bodily harm
 First, define the crime based on CCC
1. Defining “assault”: s.265(I)(a) of the Code
 A person commits an assault when
 (a) Without another person’s consent, he applies force intentionally to that other person, directly or indirectly…

 

 

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