1. The structure of criminal offences.

2. Three kinds of offences


The structure of criminal offences.


"Actus non facit reum nisi mens sit rea": "there is no guilty act without a guilty mind."

Two things follow from this:

1. The importance of wrongfulness in the concept of crime.

2. The distinction between actus reus and mens rea.



Three kinds of offences.

1. True crimes: The offence consists of an actus reus and a mens rea. Conviction follows upon proof by the Crown, beyond a reasonable doubt, of the actus reus and the mens rea of the offence.

2. Strict liability: The offence consists of an actus reus. The Crown proves actus reus beyond a reasonable doubt. The defendant may raise the defence of due diligence, to be proven on the balance of probabilities.

3. Absolute liability. The offence consists of an actus reus. Conviction follows upon proof by the Crown, beyond a reasonable doubt, of the actus reus of the offence.


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