1. Elements of a Crime

2. 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

3. An Action: An Omission: A State of Being:
Most criminal cases involve a voluntary physical action that either cause:
Harm or loss to a person or group of people
Damage to property
Example: Striking someone without consent is assault
An Omission:
Failing to do something can be considered a wrongful act because it is an omission
Example: An infant child dies from malnutrition because its parents are not feeding it enough food
A State of Being:
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

4. 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: Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea.
Specific Intent – A person commits one wrongful act for the purposes of accomplishing another
Example: Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to rob him establishes Mens Rea.

5. 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:
Intent = Joe hit Fred with the specific intent to rob him.
Motive = Joe had outstanding gambling debts.

6. Knowledge
Knowledge is an awareness of certain facts that can be used to establish mens rea
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

7. Criminal Negligence Recklessness Wilful Blindness
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: Leaving a loaded weapon on the night table beside the bed and a child picks it up and accidently shoots her friend
Recklessness
Consciously taking a risk that a reasonable person would not take.
Example: Not wearing your required glasses while driving and cause a serious accident
Wilful Blindness
Deliberately closing your mind to the possible consequences of your actions.
Example: Buying a cheap TV from someone that has no serial numbers

8. 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

9. Strict and Absolute Liability
Liability is being legally responsible for a wrongful action
Divided into two categories – strict liability and absolute liability

10. Strict Liability Offences Absolute 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.
Examples: Employee got hurt, but employer provided full safety training and safety equipment
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
Examples: Driving without a licence or speeding