Elements of a Crime Grade 11 Canadian Law

Contents Mens rea Attempt Conspiracy

 Mens Rea For mens rea to be proven, there must be no reasonable doubt that the respondent had intent or knowledge of the act or was deliberately reckless.

 Mens Rea General intent to commit a crime means that the intent is limited to the action itself. The person has no other purpose for the act. i.e. if the charge is assault, the Crown need only prove the intent of physical harm.

 Mens Rea Specific intent is when the person has further criminal actions in mind when the original crime is committed. i.e. if a person breaks into a house you can infer that the specific intent was robbery/theft/assault, etc…

 Mens Rea Sometimes the law will consider someone incapable of forming intent and thus drop or alter the charge. Minors, the mentally ill, the extremely high/intoxicated.

 Mens Rea Motive is the reason that a person commits the crime in the first place Not the same as intent and cannot be solely used to convict a person i.e. I have motive to hold up the CIBC; it doesn’t mean I did it Motive can be used for circumstantial evidence to infer guilt, but intent must still be proven

 Mens Rea Recklessness refers to the careless disregard for safety as an act is committed . A reckless person may not intend to cause harm, but they understand that their actions have major risks. i.e. if someone causes a serious accident while speeding, their recklessness could prove mens rea.

 Mens Rea There are some offenses that can exist without mens rea Generally they’re less serious or regulatory in nature: Speeding and other traffic offenses; Environmental offenses.

 Attempt Attempt is when a person tries to commit a crime, but fails. They have mens rea, but no actus reus. A judge must decide when the attempt ends and the act begins. i.e. buying a gun to commit a robbery, or walking into the store with the gun. Attempt is a separate, lesser crime.

 Conspiracy Conspiracy is when two or more people agree to commit a crime. Even if the crime is not carried out, the crime of conspiracy still exists. i.e. The Toronto 18 conspired to blow up Parliament and the TSX, but didn’t.