Elements of a
Crime
Learning Goal:
 By
the end of this lessons, I will be able to
accurately define and identify the
essential elements of a criminal offence.
Elements of an offence
 To
obtain a conviction the crown must be
able to prove beyond a reasonable
doubt that each and every element of
the offence with which the accused is
charged was in fact committed by the
accused.
Elements of a Crime
Criminal offences are made up of two basic
elements:
1.
2.
ACTUS REUS – the prohibited
act
MENS REA – criminal intent
Actus Reus
 Physical
conduct of the accused
 Act
or failure to act that has been
identified by Parliament as harmful
 Most
offences contained in the Criminal
Code specify the wrongful action exist
Actus Reus
Example:
 Criminal Code s.222(1) “ a person
commits homicide when directly or
indirectly by any means he causes the
death of a human being.”
 The actus reus in this case is “causing the
death of a human being”
Actus Reus
 Some
offences, the actus reus can result
from failure to do something

“to withhold necessities from someone your
legally obligated to provide for”
 Other
offences require only a certain
state of being

Possession of break-in instruments
Mens Rea




Involves the mental state of the accused
Latin phrase: an act does not become guilty
unless the mind is guilty
The mens rea of a Criminal offence is the
mental element that accompanies the
commission of the actus reus.
The crown must be able to prove beyond a
reasonable doubt that the accused was of a
guilty mind at the time the crime was
committed
Mens Rea
The mental state required for mens rea to
exist falls into two possible categories


1. Intent or Knowledge
2. Recklessness
Men Rea
The law considers some people to be
incapable of forming the intent necessary
to commit a wrongful action:
1. Those suffering from a mental disorder
2. Minors, or infants- under the age of 12
3. Those under the influence of drugs or
alcohol to such an extent that they do not
understand the nature of their actions
The Criminal Equation
Actus Reus + Mens Rea = Crime
Defining Crime
Worksheet
Intent
Intent means…


He/she means to do something wrong
Knows or should have foreseen the results of
the wrongful act
General Intent
a
person commits a wrongful act for its
own sake, without an ulterior motive or
purpose
 Example: theft
 easier to prove than specific intent
Specific Intent
 when
someone commits one wrongful
act for the sake of accomplishing another
 Example: shooting the store clerk during a
robbery
 To prove Mens rea to commit robbery,
the Crown has to show not only that
he/she shot the victim (general intent) but
that he/she did so with the specific intent
of stealing from the victim
Subjective Intent
 Concerns
the accuser’s state of mind at
the time of commission of the guilty act
 Focuses on the actual knowledge of the
individual accused
 In such cases, only the accuser’s actual
intention or knowledge of the effects of
his or her conduct or the facts surrounding
it is relevant
Subjective Intent: Knowledge
 In
order to have the mens rea to commit
a crime, the courts assume a person must
have some knowledge of the actus reus
of the crime
 This is sometime indicated by the words
“knowing” or “knowingly” in the definition
of the crime
Subjective Intent: Knowledge
 S.


251
(1) Every one who knowingly
(b) sends an aircraft on a flight or operates
an aircraft that is not fit and safe for
slightly…if guilty of an indictable offence…
 The
Crown has to prove the accused
knew the aircraft was not fit and safe for a
flight
Subjective Intent: Willfully
 S.
319
 (2) Every one who by communicating
statements, other than in private
conversation, willfully promotes hatred
against any identifiable group is guilty of

A) an indictable offence and is liable to
imprisonment for a term not exceeding two
years;….
Objective Intent
 Involves
determining what a reasonable
person would have understood,
perceived or foreseen in the
circumstances
 Less concerned with the actual
knowledge of the accused
 The accused was not acting reasonably
Objective Intent: Criminal
Negligence
 Criminal
Negligence: Proving that the
accused showed negligence which
means the accused failed, under certain
circumstances to take precautions that
an reasonable person would take to
avoid causing harm to another
Objective Intent: Recklessness
A
person is said to be reckless when s/he is
extremely careless or heedless of
apparent danger
 S/he understands the real risk of such
consequences and persists or is reckless in
the conduct anyway s/he will be deemed
to have the subject intent necessary for
criminal liability
Objective Intent: Recklessness

S. 219

(1) Everyone is criminally negligent who
(a) is doing anything, or
 (b) in omitting to do anything that is his duty to
do, show wanton or reckless disregard for the
lives and safety of other persons


Crown must show


Accused was aware of the danger involved
Even if s/he did not intend the consequence
Objective Intent: Willful
Blindness




Is related to recklessness
Involves deliberately closing you mind to the
possible consequences of your actions
When s/he suspects a harmful or criminal
outcome but prefers not to ask the questions
that would confirm these suspicions
Ex.
http://www.youtube.com/watch?v=U1o3BiO
cq8A
Difference between
Subjective and Objective
Intent
 Subjective:
focuses on the actual
knowledge if the individual is accused
 Objective:
less concerned with actual
knowledge of the accused

Accused not acting reasonably
Example

R v. Lamb



Larry Lamb was a young man who owned a
revolver that had a five chambered cylinder
that rotated clockwise each time the trigger
was pulled.
Lamb, jokingly, pointed the revolver at his best
friend, and pulled the trigger, knowing that the
two chambers were empty. However when
Lamb pulled the trigger the chamber rotated
and he shot his best friend. He died.
Did Lamb subjectively intend to cause death? If
no, does that mean that Lamb is blameless for
his friends death?
Practice
 Bernice,
a 6 year old was playing with her
father’s rifle and killed her friend, Jack
 Sergia, while hunting with some friends
was aiming at a deer and accidentally
shot another hunter, Jeff
 Lucio, who escaped from a psychiatric
institution, shot and killed his wife
Review
 ACTUS
 MENS
REUS--- THE ACT
REA- MENTAL STATE (Intent)
The Criminal Equation
Actus Reus
+
Voluntary or
Conscience act or
omission
Mens Rea = CRIME
intention
knowing
willful
reckless
careless
Case Study
It is an offence under environmental
protection legislation to discharge
pollutants into a waterway.
The Crown can prove that Company X
discharged pollutants into the Grand River
(actus reus).
What is the mens rea that the Crown must
prove in this case?