Elements of an Offense Mens Rea – Types CRIMINOLOGY

THE EQUATION For a conviction, the Crown must prove beyond a reasonable doubt the following A prohibited act – ACTUS REUS Criminal intent - MENS REA

ACTUS REUS Within the Criminal Code – set by Parliament The act OR omission to act Deemed sufficiently harmful to warrant state intervention

ACTUS REUS CON’T EASY EXAMPLE: s. 222(1) “a person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.” What’s the Actus Reus??

ACTUS REUS CON’T DIFFICULT EXAMPLE: s. 90(1) “Every person commits an offence who carries a weapon…concealed, unless the person is authorized under the Firearms Act to carry it concealed.” What’s the Actus Reus??

ACTUS REUS CON’T What questions must we determine when interpreting this specific law??? What are the answers and where can we find them??

MENS REA Mental element that accompanies actus reus Actus non facit reum nisi mens sit rea – an act does not become guilty unless the mind is guilty ‘Guilty mind’ In the Criminal Code both literally & contextually

WAYS TO HAVE MENS REA General & Specific Intent Intent, Motive & Doctrine of Transferred Intent Knowledge Recklessness Wilful Blindness

GENERAL & SPECIFIC INTENT GENERAL INTENT – most crimes require this, simply the concept that you meant to commit the crime. If I throw a rock at my neighbor’s head and it hits her, what’s required for general intent? SPECIFIC INTENT – intent in addition to general for a ‘specific’ purpose How can we change the previous example to create a Specific Intent situation?

INTENT, MOTIVE, DOCTRINE OF TRANSFERRED INTENT Intent & Motive are NOT the same Use Robert Latimer as an example……… Transferred intent…my buddies idiot brother

KNOWLEDGE Usually present in the Criminal Code wording s.251 (1) Everyone who knowingly (b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight… is guilty of an indictable offence…

RECKLESSNESS Extremely careless or heedless of apparent danger Must show that the accused was aware of the danger involved The Ron Artest Elbow

WILFUL BLINDNESS Alike to recklessness but more complex When someone suspects a harmful or criminal outcome but prefers not to ask the questions that would confirm their suspicions. R. v. Blondin [Drug Smuggling]

WHEN YOU MENS REA ISN’T REQUIRED Regulatory offences (Traffic Violations, Pollution Offences…) Crown now needs only prove absolute or strict liability

ABSOLUTE LIABILITY Legal Formalism at its best!!! Most commonly used for speeding offences Mens Rea 100% irrelevant Was only sort of liability until 1978 – Supreme Court of Canada deemed it unfair in certain situations……enter ‘strict’ liability

STRICT LIABILITY Guilt based on actus reus AND inability to prove DUE DILIGENCE DUE DILIGENCE – attempt to take all reasonable care possible to avoid the guilty act Very common in environmental & construction cases

Must do everything possible to ensure a crime doesn’t take place

MENS REA QUIZ Company X commits a guilty act and the Crown can prove it. What is required of the Crown to convict them in this case if it fell under: Regular Mens Rea – Absolute Liability – Strict Liability -

PRACTICAL APPLICATION Pg. 251 in your textbooks Due Diligence and Environmental Contamination