Elements of a Crime

Actus Reus – “The Guilty Act” is the voluntary action, omission, or state of being that is prohibited by law Mens Rea – “The Guilty Mind” demonstrates a deliberate intention to commit a wrongful act, with reckless disregard for the consequences; implies moral guilt

An Action: An Omission: A State of Being: Most criminal cases involve a voluntary physical action that either cause: Harm or loss to a person or group of people Damage to property Example: Striking someone without consent is assault An Omission: Failing to do something can be considered a wrongful act because it is an omission Example: An infant child dies from malnutrition because its parents are not feeding it enough food A State of Being: Certain offences may be neither an action or omission but a state of being Example: Being in possession of stolen goods or break-in tools

Intent Intent 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 regarding the consequences and must be proven by the Crown Example: “Implies force intentionally” General Intent – A person commits a wrongful act without ulterior motive or purpose Example: Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea. Specific Intent – A person commits one wrongful act for the purposes of accomplishing another Example: Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to rob him establishes Mens Rea.

Motive Motive is the reason that a person commits a crime Not the same as Intent Although useful at trial, motive is not one of the elements the Crown must prove to get a conviction Example: Intent = Joe hit Fred with the specific intent to rob him. Motive = Joe had outstanding gambling debts.

Knowledge 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 Negligence Recklessness Wilful Blindness 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 duty to do so; sometimes causing injury or death Example: Leaving a loaded weapon on the night table beside the bed and a child picks it up and accidently shoots her friend Recklessness Consciously taking a risk that a reasonable person would not take. Example: Not wearing your required glasses while driving and cause a serious accident Wilful Blindness Deliberately closing your mind to the possible consequences of your actions. Example: Buying a cheap TV from someone that has no serial numbers

Strict and Absolute Liability Regulatory Laws are federal or provincial statutes meant to protect public welfare Less serious offenses Crown does not have to prove Mens Rea Laws do not include words like willfully or with intent. Examples: Environmental protection, Workplace safety, Traffic offences

Strict and Absolute Liability Liability is being legally responsible for a wrongful action Divided into two categories – strict liability and absolute liability

Strict Liability Offences Absolute Liability Offences The accused may acknowledge that the offence took place but then offer the defence of due diligence. Due diligence is proving that every reasonable precaution to avoid committing the offence was taken. Examples: Employee got hurt, but employer provided full safety training and safety equipment Absolute Liability Offences No defence possible Courts must find the defendant guilty once facts established and the Crown demonstrates the accused was responsible Because offenders can offer no defence once the facts have been established jail time is not a penalty Examples: Driving without a licence or speeding