Elements of an Offence, Intention & Involvement in a Crime *The Elements of a Crime Actus Reus + Mens Rea =Crime “The Guilty Act: demonstrates a voluntary action, omission, or state of being that is prohibited by law. “The Guilty Mind” demonstrates that the act was intentional, knowing, negligent, reckless, or wilfully blind

*Actus Reus Examples s.222(1) Homicide – causes the death of another human being (ACTION OR OMISSION OR STATE OF BEING?) s.222(1) Homicide – causes the death of another human being (ACTION OR OMISSION OR STATE OF BEING?) s.90(1) Concealed weapon – carries a weapon… device… ammo… concealed (ACTION OR OMISSION OR STATE OF BEING?) s.90(1) Concealed weapon – carries a weapon… device… ammo… concealed (ACTION OR OMISSION OR STATE OF BEING?) s.215(1) Necessities of life – fails to provide the necessaries of life (OMISSION OR OMISSION OR STATE OF BEING?) s.215(1) Necessities of life – fails to provide the necessaries of life (OMISSION OR OMISSION OR STATE OF BEING?) s. 351 Possession of break-in instruments - … has in his possession any instrument suitable for… (ACTION, OMISSION OR STATE OF BEING?) s. 351 Possession of break-in instruments - … has in his possession any instrument suitable for… (ACTION, OMISSION OR STATE OF BEING?)

*Incapable of Mens Rea The law considers some to be incapable of forming the intent necessary to commit a wrongful action: Those suffering from a mental disorder Those suffering from a mental disorder Minors (under 12) Minors (under 12) Those under the influence of drugs or alcohol to such an extent that they don’t understand the nature of their actions Those under the influence of drugs or alcohol to such an extent that they don’t understand the nature of their actions

*Mens Rea – Category of Intent Intent: a state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences Intent: a state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences Reckless means knew or should have foreseen the results of a wrongful act Reckless means knew or should have foreseen the results of a wrongful act Two types Two types General General Specific Specific

*Mens Rea – General Intent General intent means a person commits a wrongful act for its owns sake, with no ulterior motive or purpose General intent means a person commits a wrongful act for its owns sake, with no ulterior motive or purpose Ex. s.251(1)(a) - assault - … applies force intentionally Ex. s.251(1)(a) - assault - … applies force intentionally Ex. Alice walks up to Michael and punches him in the face. Michael’s nose is broken by Alice’s punch. Ex. Alice walks up to Michael and punches him in the face. Michael’s nose is broken by Alice’s punch.

*Mens Rea – Specific Intent Specific intent – the desire to commit one wrongful act for the sake of accomplishing another Specific intent – the desire to commit one wrongful act for the sake of accomplishing another Ex. s.343(c) – everyone commits robbery who assaults any person with the intent to steal from him Ex. s.343(c) – everyone commits robbery who assaults any person with the intent to steal from him (Ex. After punching Michael in the face, Michelle steals his wallet – need not only intent to assault but also intent to steal from him) (Ex. After punching Michael in the face, Michelle steals his wallet – need not only intent to assault but also intent to steal from him)

*Subjective Intent - Knowing In some cases, the Crown can show mens rea, by proving that the accused had knowledge of certain facts In some cases, the Crown can show mens rea, by proving that the accused had knowledge of certain facts Ex. s.368(1)(a) - … knowing that a document is forged, uses, deal, or acts… Ex. s.368(1)(a) - … knowing that a document is forged, uses, deal, or acts… Only have to establish that accused knew that the document was forged, not that they had any general or specific intent Only have to establish that accused knew that the document was forged, not that they had any general or specific intent Ex. s.251 – knowingly… sends an aircraft… that is not fit… Ex. s.251 – knowingly… sends an aircraft… that is not fit…

*Objective Intent - Negligence A person is criminally negligent if they do or omit to do anything that shows wanton or reckless disregard for the lives or safety of others A person is criminally negligent if they do or omit to do anything that shows wanton or reckless disregard for the lives or safety of others Ex. Joe leaves a loaded.22 pistol on the night table beside his bed. One day his young daughter accidentally shoots her friend. Joe’s mens rea is the “wanton or reckless disregard” he showed by leaving the pistol out Ex. Joe leaves a loaded.22 pistol on the night table beside his bed. One day his young daughter accidentally shoots her friend. Joe’s mens rea is the “wanton or reckless disregard” he showed by leaving the pistol out

*Objective Intent - Recklessness Recklessness – consciously taking an unjustifiable risk that a reasonable person would not take Recklessness – consciously taking an unjustifiable risk that a reasonable person would not take Ex. Dangerous operation of a motor vehicle would take place if you needed glasses to drive, forgot them, drove anyway and caused an accident Ex. Dangerous operation of a motor vehicle would take place if you needed glasses to drive, forgot them, drove anyway and caused an accident

*Subjective Mens Rea – Willful Blindness A deliberate closing of the mind to the possible consequences of one’s actions A deliberate closing of the mind to the possible consequences of one’s actions Ex. Possession of Stolen Property – if you possess property that you acquired in a too good to be true scenario Ex. Possession of Stolen Property – if you possess property that you acquired in a too good to be true scenario

*Incomplete Crimes Criminal Act must be completed for a crime to exist? Criminal Act must be completed for a crime to exist? There are exceptions to this rule: Criminal Attempt & Conspiracy. There are exceptions to this rule: Criminal Attempt & Conspiracy. Attempt= Even if a person is unsuccessful in the commission of a crime, he/she can still be charged with criminal attempt. Attempt= Even if a person is unsuccessful in the commission of a crime, he/she can still be charged with criminal attempt. Ex:Terrorist caught with with bomb before use. Ex:Terrorist caught with with bomb before use.

Incomplete Crimes Conspiracy = agreement between 2 or more people to perform an illegal act. Even if crime not committed, can still be charged. Conspiracy = agreement between 2 or more people to perform an illegal act. Even if crime not committed, can still be charged. Ex: Bob and Sam plan to murder Sally. Hire an undercover police officer. Can’t be charge with murder, BUT can be charged with conspiracy for planning to kill. Ex: Bob and Sam plan to murder Sally. Hire an undercover police officer. Can’t be charge with murder, BUT can be charged with conspiracy for planning to kill.

*Involvement in a Crime Perpetrator – the person who actually commits the crime Perpetrator – the person who actually commits the crime Parties to an offence – those people who are indirectly involved in committing a crime Parties to an offence – those people who are indirectly involved in committing a crime

*Aiding A criminal offence that involves helping a perpetrator commit a crime A criminal offence that involves helping a perpetrator commit a crime Don’t actually have to be present when the crime is committed Don’t actually have to be present when the crime is committed Ex. Lisa works at a pharmacy and gives a pharmacy key to her boyfriend Ex. Lisa works at a pharmacy and gives a pharmacy key to her boyfriend

*Abetting The crime of encouraging the perpetrator to commit an offence without providing physical assistance The crime of encouraging the perpetrator to commit an offence without providing physical assistance Ex. If Lisa had encouraged her boyfriend to rob the pharmacy, she could also be charged with abetting Ex. If Lisa had encouraged her boyfriend to rob the pharmacy, she could also be charged with abetting

*Counselling A crime that involves advising, recommending, or persuading another person to commit a criminal offence A crime that involves advising, recommending, or persuading another person to commit a criminal offence Seems very similar to abetting Seems very similar to abetting Ex. If Lisa had provided advice to her boyfriend about the best way to steal from the pharmacy Ex. If Lisa had provided advice to her boyfriend about the best way to steal from the pharmacy

*Accessory After the Fact Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police Ex. Lisa’s boyfriend breaks in, steals and escapes. Lisa (knowing he committed the crime) gives him a place to hide out from the police Ex. Lisa’s boyfriend breaks in, steals and escapes. Lisa (knowing he committed the crime) gives him a place to hide out from the police

*Party 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 The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit Ex. if 6 people rob a bank and one of the robbers shoots and kills a teller, all 6 can be charged with murder Ex. if 6 people rob a bank and one of the robbers shoots and kills a teller, all 6 can be charged with murder