Criminal Law & Procedure

What is actus reus?

The physical act of committing a crime — the 'guilty act'

What is mens rea?

The mental intent to commit a crime — the 'guilty mind'

Why do most criminal offences require proof of both actus reus and mens rea?

To ensure someone is only found criminally guilty if they both committed the act AND intended to do so (or were reckless/negligent), rather than punishing accidents with no criminal intent

What is the difference between a summary offence and an indictable offence in Canadian law?

A summary offence is less serious and carries lighter penalties with a simpler trial process; an indictable offence is more serious and can carry harsher penalties, often with a more formal trial process

What is an arrest?

The act of a police officer taking a person into custody, usually because there are reasonable grounds to believe they committed a crime