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:  Most criminal cases involve a voluntary physical action that either cause: 1) Harm or loss to a person or group of people 2) Damage to property Example:___________ ___________________ ___________________ ___________________ ___________________ An Omission:  __________________ __________________ __________________ __________________ __________________ __________________ __________________ __________________ __________________ Example: An infant child dies from malnutrition because its parents are not feeding it enough food _______________:  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: ____________________________________________________________________________  Specific Intent – __________________________________________________________ __________________________________________________________ __________________________________________________________ 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: ▪ _____________= Joe hit Fred with the specific intent to rob him. ▪ _____________ = Joe had outstanding gambling debts.

Knowledge  Knowledge ____________________________________________ ____________________________________________ ____________________________________________ 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  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:______________________________________________ ______________________________________________________ ______________________________________________________ Recklessness  Consciously taking a risk that a reasonable person would not take. Example:__________________________________________________ __________________________________________________________ __________________________________________________________ Wilful Blindness  Deliberately closing your mind to the possible consequences of your actions. Example:__________________________________________________ __________________________________________________________ __________________________________________________________

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  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. Example:____________________ ____________________________ ____________________________ ____________________________ ____________________________ Example:____________________ ____________________________ ____________________________ ____________________________ ____________________________ 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 Example:____________________ ____________________________ ____________________________ ____________________________ ____________________________