Elements of An Offence
Criminal offences require the prosecuting crown to prove that there was criminal conduct (known as the actus reus or "external element") accompanied by a criminal state of mind (known as the mens rea or "fault element") on a standard of "beyond a reasonable doubt". Exception to the mens rea requirement for strict and absolute liability offences.
The specific elements of each offence can be found in the wording of the offence as well as the case law interpreting it. The external elements typically require there to be an "act", within some "circumstances", and sometimes a specific "consequence" that is caused by the action.
Read more about this topic: Criminal Law Of Canada
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