1. An overview – Criminal Law Mr. Goldsack 2017 Welcome Back!!!
ELEMENTS OF A CRIME
An overview – Criminal Law
Mr. Goldsack 2017
Welcome Back!!!

2. ACTUS REUS and MENS REA
= two elements needed to prove that action by accused is indeed a CRIME
ACTUS REUS = “guilty act/deed”
MENS REA = “guilty mind”
Without both proven, courts cannot find an accused to be guilty of a crime

3. ACTUS REUS and MENS REA
Onus of proof of both actus reus and mens rea is on the shoulders of the Crown, not the accused
This is due to Charter of Rights and Freedom section 11(d): that a person is “to be presumed innocent until proven guilty”

4. ACTUS REUS
Need for a proof of ACTUS REUS is based on proof that accused actually committed an act prohibited in the Criminal Code
Conversely, proof of ACTUS REUS for some crimes may need proof of OMISSION, or failing to act in a situation, such as care for baby

5. MENS REA MENS REA demands proof of “intent to commit crime”
Two categories of MENS REA:
INTENT or KNOWLEDGE
RECKLESSNESS

6. MENS REA, cont’d.
INTENT: Accused’s state of mind shows that they understand the future consequence of their action
GENERAL INTENT: proof that accused was conscious of action’s intent – usually inferred by action
SPECIFIC INTENT: proof that action would lead to another criminal offense

7. MENS REA, cont’d.
KNOWLEDGE: proof that an accused had knowledge of certain facts that show accused was acting intentionally
Defence of accused here is to show that he/she did not know that the ACTUS REUS was leading to a crime
However, accused cannot use defense that they were unaware of the crime

8. WILFULL BLINDNESS Legal concept of willful blindness:
“you are responsible if you could have known, and should have known, something which instead you strove not to see.” 
If proven, it speaks to knowledge…there is no criminal charge called “Willful Blindness”!!

9. MENS REA, cont’d.
MOTIVE: a reason for a person to want to commit a crime
Difference between motive and intent: people may have motive to commit a crime but do not go through with act
Motive is used in court to add weight to MENS REA, but only as extra evidence, not as proof of MENS REA