The employee was acquitted of the principal offence, but the Court of Appeal upheld the employer's conviction for, essentially, procuring the actus reus. |
With respect to the actus reus of a Criminal Code offence, it is not clear that every action of an employee should be attributed to the company. |
The Crown, he says, is unable to prove the actus reus of one of the particular offences it chose to prosecute. |
The remaining portion would merely have held the intent to do so and lacked the required actus reus. |
A person has committed the actus reus of a crime with the appropriate mens rea. |
The suggestion in the counselor's reference is that it must be the procurer's purpose to produce the actus reus. |