Finally, it is
a requisite element of the offence that the victim was reasonably caused to fear for his or her safety, or the safety of someone known to him or her, as a result of the conduct.
Thus, as both the substantive offence and the war crime must be proven beyond a reasonable doubt, Finta was properly acquitted as the Crown failed to prove
the requisite elements of both offences.
Not exact matches
The narrow question the Court faced in Tatton was whether intoxication can be a defence to a charge
of arson — on the theory that an intoxicated person who puts something (in this case, the house in which he was living, but which belonged to someone else) on fire lacks the
requisite «mental
element» for the
offence.