Elements of a Elements of a CrimeCrime

Actus Reus Actus Reus – “The – “The Guilty Act” is the Guilty Act” is the voluntary action, voluntary action, omission, or state of omission, or state of being that is prohibited being that is prohibited by lawby law

Mens Rea Mens Rea – “The Guilty – “The Guilty Mind” demonstrates a Mind” demonstrates a deliberate intention to deliberate intention to commit a wrongful act, commit a wrongful act, with reckless disregard with reckless disregard for the consequences; for the consequences; implies moral guiltimplies moral guilt

An Action:An Action: Most criminal cases Most criminal cases

involve a voluntary involve a voluntary physical action that physical action that either cause:either cause:

1)1) Harm or loss to a Harm or loss to a person or group of person or group of peoplepeople

2)2) Damage to propertyDamage to property

Example:Example: Striking Striking someone without someone without consent is assaultconsent is assault

An Omission:An Omission: Failing to do Failing to do

something can be something can be considered a considered a wrongful act wrongful act because it is an because it is an omissionomission

Example:Example: An infant An infant child dies from child dies from malnutrition because malnutrition because its parents are not its parents are not feeding it enough feeding it enough foodfood

A State of Being:A State of Being: Certain offences Certain offences

may be neither an may be neither an action or omission action or omission but a state of beingbut a state of being

Example:Example: Being in Being in possession of possession of stolen goods or stolen goods or break-in toolsbreak-in tools

IntentIntent IntentIntent is a state of mind in which someone desire to carry out a wrongful is a state of mind in which someone desire to carry out a wrongful

action (break the law), knows what the results will be, and is reckless action (break the law), knows what the results will be, and is reckless regarding the consequences and must be proven by the Crownregarding the consequences and must be proven by the Crown

Example:Example: “Implies force intentionally” “Implies force intentionally”

General IntentGeneral Intent – A person commits a wrongful act without ulterior motive or purpose – A person commits a wrongful act without ulterior motive or purpose

Example: Example: Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea.Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea.

Specific IntentSpecific Intent – A person commits one wrongful act for the purposes of accomplishing – A person commits one wrongful act for the purposes of accomplishing anotheranother

Example: Example: Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to rob him rob him establishes Mens Rea.establishes Mens Rea.

MotiveMotive MotiveMotive is the reason that a person commits a crime is the reason that a person commits a crime

Not the same as IntentNot the same as Intent Although useful at trial, motive is not one of the elements Although useful at trial, motive is not one of the elements

the Crown must prove to get a conviction the Crown must prove to get a conviction

Example:Example: ▪ Intent = Joe hit Fred with the specific intent to rob him.Intent = Joe hit Fred with the specific intent to rob him.▪ Motive = Joe had outstanding gambling debts.Motive = Joe had outstanding gambling debts.

KnowledgeKnowledge Knowledge is an awareness of certain facts that

can be used to establish mens rea

Example: The Crown only must prove that a person knowingly circulated a forged document

It is not necessary for the Crown to establish general or specific intent

Criminal NegligenceCriminal Negligence A person’s deliberate or reckless disregard for the lives and safety of A person’s deliberate or reckless disregard for the lives and safety of

others through his actions or omission to do anything that is his others through his actions or omission to do anything that is his duty to do so; sometimes causing injury or deathduty to do so; sometimes causing injury or deathExample:Example: Leaving a loaded weapon on the night table beside the bed and a child picks Leaving a loaded weapon on the night table beside the bed and a child picks it up and accidently shoots her friendit up and accidently shoots her friend

RecklessnessRecklessness Consciously taking a risk that a reasonable person would not take. Consciously taking a risk that a reasonable person would not take.

Example: Example: Not wearing your required glasses while driving and cause a serious Not wearing your required glasses while driving and cause a serious accidentaccident

Wilful BlindnessWilful Blindness Deliberately closing your mind to the possible consequences of your Deliberately closing your mind to the possible consequences of your

actions.actions.Example:Example: Buying a cheap TV from someone that has no serial numbersBuying a cheap TV from someone that has no serial numbers

Strict and Absolute LiabilityStrict and Absolute Liability Regulatory Laws Regulatory Laws are federal or provincial statutes are federal or provincial statutes

meant to protect public welfare meant to protect public welfare Less serious offensesLess serious offenses

Crown does not have to prove Crown does not have to prove Mens ReaMens Rea

Laws do not include words like Laws do not include words like willfullywillfully or or with intent.with intent.

Examples:Examples: Environmental protection, Workplace safety, Environmental protection, Workplace safety,

Traffic offencesTraffic offences

Strict and Absolute LiabilityStrict and Absolute Liability LiabilityLiability is being legally responsible is being legally responsible

for a wrongful actionfor a wrongful action

Divided into two categories – Divided into two categories – strict strict liability liability and and absolute liabilityabsolute liability

Strict Liability Strict Liability OffencesOffences

The accused may The accused may acknowledge that the acknowledge that the offence took place but offence took place but then offer the defence then offer the defence of due diligence.of due diligence.

Due diligenceDue diligence is is proving that every proving that every reasonable precaution reasonable precaution to avoid committing to avoid committing the offence was taken.the offence was taken.

Examples:Examples: Employee got Employee got hurt, but employer provided hurt, but employer provided full safety training and safety full safety training and safety equipmentequipment

Absolute Liability Absolute Liability OffencesOffences

No defence possibleNo defence possible Courts must find the Courts must find the

defendant guilty once defendant guilty once facts established and facts established and the Crown demonstrates the Crown demonstrates the accused was the accused was responsibleresponsible

Because offenders can Because offenders can offer no defence once offer no defence once the facts have been the facts have been established jail time is established jail time is not a penaltynot a penalty

Examples:Examples: Driving without Driving without a licence or speedinga licence or speeding