Criminal Law

Part B: Elements of Criminal Law Actus Reus (The Actions) one of two conditions needed for a criminal offence means “wrongful deed” courts must show that a person committed an act prohibited by law Example: Peterson must be shown to have murdered his wife

Part B: Elements of Criminal Law Mens Rea (The Thinking) One of two conditions needed for a criminal offence Means “guilty mind” Courts must demonstrate that the accused intended to commit an offence Example: Peterson must be shown to have intended to kill his with the actions he performed The accused is presumed innocent until both elements are shown to exist at the same time proven beyond reasonable doubt

Part B: Elements of Criminal Law At the same time, beyond reasonable doubt Actus Rea (The Actions) + Mens Rea (The Thinking) = Conviction

Part B: Elements of Criminal Law Mens Rea-Criminal Recklessness (The Thinking) Careless disregard for possible consequences of an action Intent is not there, but accused knew the risks and proceeded Example: letting passengers drive without seatbelts on highway and then hurting them in crash Mens Rea Motive (The Thinking) The reason for committing the crime A motive is not the same as intent and does not lead to conviction Used in connection with circumstantial evidence Still need to prove the elements Example: setting fire to the neighbours’ house because they yelled at me for playing loudly outside

Part B: Elements of Criminal Law At the same time, beyond reasonable doubt Actus Rea (The Actions) + Mens Rea-Recklessness (The Thinking) = Conviction + Mens Rea (The Thinking) + Mens Rea (Motive)

Part C: Elements of Criminal Law, Exemptions Regulatory Offences Usually violations such as speeding, environmental pollution Simply prove actions Can be defended with due diligence-accused took reasonable care not to commit offence Example: Toxic fumes from industrial site goes into Waterloo atmosphere, killing seniors citizens nearby but “I followed all the government guidelines in operating the equipment …it just went boom…”

Part C: Elements of Criminal Law, Exemptions Attempt to Commit A Crime Can be found guilty without completing the full act Actus Reus is the first step Example: Trespassing onto a property with gun, crowbar, and Santa sack to steal goods, but getting caught on the way Conspiracy to Commit A Crime An agreement between two or more people to commit a crime All people must be serious; no jokes made Example: discussing a plan to break into a house

Example Case: R vs Makinson  The police officer responded to a 911 hang-up call and attended to the Makinson residence. Mr. Makinson was present. His mother had a swollen cheek and a bit of blood on her and she was upset. After a discussion in the presence of Mr. Makinson, the officer attempted to arrest Mr. Makinson for assault. This occurred in the kitchen area of the residence; Mr. Makinson indicated he wanted some socks before putting on his shoes and, when going to get his socks, walked by a knife block, grabbed a fork and two knives and ran into the living room area.

Example Case: R vs Makinson Mr. Makinson held the two knives to his own throat and motioned that he would cut his throat. He refused to drop the knives when told to do so. Eventually, he was pepper sprayed and the police officer used a baton to strike him on the right thigh, causing him to drop the knives and to drop to the floor. Mr. Makinson did not point, suggest, or say anything that amounted to a threat of harm to the officer or anybody else. The incident lasted between thirty to sixty seconds.

Example Case: R vs Makinson Mr. Makinson was charged under s.88 (1) of the Criminal Code: “Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. “

Step 1: Summarize Case (Key facts) Key Facts of the Case: Mr. Makinson (son)and Mrs. Makinson (mother) in kitchen; she had swollen face/blood Officer attempted to arrest him Walked passed knife block. Grabbed a fork and knife. Ran to Living Room Mr. Makinson held the two knives to his own throat and motioned that he would cut his throat. Refused to drop the knives when told to do so. Then pepper sprayed

Write down applicable law Step 2: Write down applicable law The Law (Title and the Exact Wording) Possession of A Weapon (Section 88) “Every person who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence is guilty of an indictable offence... “

Step 3: Break down law into single words or short phrases (less or more than 4 parts) Actus Reus (The Wrongful Deed) Every person who carries or possesses a weapon for a purpose dangerous to the public peace Or for the purpose of committing an offence is guilty of an indictable offence up to ten years imprisonment “

Step 4: Link each part of the law to key actions of the case Actus Reus (Wrongful Deed) Every person commits an offence who carries or possesses a weapon for a purpose dangerous to the public peace Or for the purpose of committing an offence. “ Mr. Makinson carries a knife and fork; these two items are weapons He is running from the police who try to arrest him (offence) He is possibly using the weapons to assault the officer (offence) He is possibly using the weapons to kill himself, which would cause an intervention/preventative action, putting the officer in a dangerous situation as he has to approach Makinson (offence)

Step 5: Identify Intent and or Motive, Understanding of Risk (infer and argue guilty mind from actions) Mens Rea (Guilty Mind) Intent Motive 1. Mr. Makinson purposefully ran away from the officer, intending to avoid arrest (offence) 1. Mr. Makinson purposefully grabbed the weapons, intending to make the arrest difficult (offence) 1. Mr. Makinson intended for the officers to leave him alone and avoid arrest as the weapons near his throat was a gesture which was understood that attempted arrest would be met with his suicide; officers would want to avoid a loss of life 2. He attempted to avoid arrest because he was guilty for the wounds caused to his mother.