The Elements of a Crime

Criminal Offences For all criminal offences, it is necessary to prove two elements:

Actus Reus From Latin, referring to “action involving guilt/guilty act.” It must be shown that the person committed an act prohibited by the law.

Mens Rea Latin for “Guilty Mind” It refers to the mental state of the person committing the crime. Mens rea exists if the offence is committed with (1) intent or knowledge, or (2) recklessness.

Mens Rea The law considers some people incapable of forming the intent to commit wrongful actions. Examples include: Children The insane And those under the influence of alcohol or drugs to such an extent that they do not know the nature of their actions.

Both Actus Reus and Mens Rea must exist at the same time in order for someone to be found guilty of a criminal act. These conditions have to be proven to exist at the time the crime was committed and be proven beyond a reasonable doubt.

General Intent The intent is limited to the act itself and the person has no other criminal purpose in mind. In an Assault case, the Crown only has to prove that the accused did apply force. Trespassing – accused was on someone else’s property at night. The intent to be there is inferred.

Specific Intent The person committing the offence has a further criminal purpose in mind. In a Break and Enter, specific intent exists because it involves the following: [1] An intentional illegal action (breaking and entering) that is committed with the intent to commit [2] a further illegal action (robbery, an indictable offence)

Knowledge The knowledge of certain facts can provide the necessary mens rea. For example: if you knowingly use a credit card that has been cancelled. It is only necessary to prove that the person used the card knowing that it was cancelled; prosecution does not have to prove intent to defraud.

Criminal Act and Omissions Failure for a person to do something (omission) can be deemed a wrongful act. I.E. Failure to provide the necessities for someone you are legally obligated to provide for. Not obtaining assistance for someone in childbirth Not taking an elderly parent to the hospital Not providing food for your children. A person’s failure to do something can be interpreted as a criminal act.

Attempt A person who intends to commit a criminal offence but fails to complete the act may still be guilty. It is illegal to attempt to break the law. How would you prove Actus Reus and Mens Rea?

Conspiracy A conspiracy is an agreement between two or more people to commit a crime or to achieve something by an illegal act. The planning of the act itself is a crime. The people involved must be serious in their intention to commit the crime. Jokes or threats are not considered conspiracy.

Aiding and Abetting Aiding means to help someone commit a crime. Abetting means to encourage someone to commit a crime. Both acts are considered to be a crime.

Accessory After The Fact Accessory after the fact is when someone helps a criminal avoid detention or capture. This is a criminal act. Can you give examples of Accessory after the fact?