Chapter 4 Review before the TEST!!! The Nature Of Crime Chapter 4 Review before the TEST!!!

What Is A Crime? A crime is an act or omission of an act that is prohibited and punishable under federal statute. Four general conditions must exist for an act or omission to be considered a crime. The act is considered wrong by society. The act causes harm to society in general or to those who need protection. The harm must be serious! The remedy must be handled by the criminal justice system. Criminal Code

Elements of a Crime To be convicted of a crime a person must have the Actus Reus and the Mens Rea. Actus Reus is Latin for “the guilty act”, and is the voluntary action, omission, or state of being that is forbidden by the criminal code. The action is the physical act involved in committing the offence, omission is failure to do something that is your legal duty to do and state of being refers to things such as being in possession of stolen property or found in a gaming house.

Elements of a Crime Once a prosecutor establishes that an accused person physically committed the crime (actus reus), they focus on proving what the accused's intention or state of mind was at the time of the offence (mens rea).

Elements of a Crime Common types of mens rea: Recklessness or Willful Blindness Knowledge Motive Attempt Conspiracy

WILLFUL BLINDNESS Deliberately closing your mind or ignoring the obvious and the possible consequences of your actions. Ie. Purchasing a New truck for $1000.00 from a complete stranger! You know you should ask questions, but don’t partly because you know the truth…hope that NOT KNOWING will work in your favor!

General Intent In Criminal Law, a mental plan to do that which is forbidden by the law. Unlike offenses that require a Specific Intent, it is not necessary that the accused intend for the precise harm or result to happen. It is sufficient if the person meant to do the act that caused the harm or result. For example, Battery is a general intent offense. If a defendant commits a battery that results in harm to the victim, it does not matter if the defendant did not intend the harm.

Specific Intent Specific Intent applies when someone commits one wrongful act for the sake of doing another. The term specific intent is commonly used in criminal law to designate a special state of mind that is required, along with a physical act, to constitute certain crimes. Specific intent is usually interpreted to mean intentionally or knowingly. Larceny, for example, requires both the physical act of taking and carrying away the property of another and the mental element of intent to steal the property. Similarly Burglary requires breaking and entering into the dwelling of another with an intent to commit an indictable offence.

Strict and Absolute Liability Some regulatory laws, federal or provincial statutes meant to protect the public welfare, do not have to have Mens Rea established to win a conviction. (speeding) Liability, legal responsibility for a wrongful action, can be strict or absolute. Strict liability Offences – offences that do not require Mens Rea but to which the accused can offer the defence of due diligence (the defence that the accused took every reasonable precaution to avoid committing a particular offence.) Absolute Liability Offences – offences that do not require Mens Rea and to which the accused can offer no defence. (traffic violations)

Parties To An Offence Perpetrator/The Accused– the person who actually commits the crime. Aiding – means helping a perpetrator commit a crime. Abetting – encouraging the perpetrator of a crime without actually providing physical assistance. Counseling – a crime that involves advising, recommending or persuading another person to commit a criminal offence. Accessory after the fact – someone who knowingly receives, comforts or assists a perpetrator in escaping from police. Parties to common intention – the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit.

Incomplete Crimes Attempt refers to the attempt to commit a crime, even when the crime is not completed. The guilty act begins when mere preparation turns into action. (carrying break in tools) The intent is the obvious steps taken to commit the crime. Conspiracy is an agreement between two or more people to carry out an illegal act, even if that act does not actually occur.

R. v Parks You need to remember R. v Parks for the test!!!