ELEMENTS OF A CRIME
An overview – Law 12
MUNDY 2007
ACTUS REUS and MENS REA
= two elements needed to prove that
action by accused is indeed a CRIME
 ACTUS REUS = “guilty act/deed”
 MENS REA = “guilty mind”
 Without both proven, courts cannot find
an accused to be guilty of a crime

ACTUS REUS and MENS REA
Onus of proof of both actus reus and
mens rea is on the shoulders of the
Crown, not the accused
 This is due to Charter of Rights and
Freedom section 11(d): that a person is
“to be presumed innocent until proven
guilty”

ACTUS REUS
Need for a proof of ACTUS REUS is
based on proof that accused actually
committed an act prohibited in the
Criminal Code
 Conversely, proof of ACTUS REUS for
some crimes may need proof of
OMISSION, or failing to act in a
situation, such as care for baby

MENS REA
MENS REA demands proof of “intent to
commit crime”
 Two categories of MENS REA:

INTENT or KNOWLEDGE
 RECKLESSNESS

MENS REA, cont’d.
INTENT: Accused’s state of mind shows
that they understand the future
consequence of their action
 GENERAL INTENT: proof that accused
was conscious of action’s intent –
usually inferred by action
 SPECIFIC INTENT: proof that action
was to lead to another criminal offense

MENS REA, cont’d.
KNOWLEDGE: proof that an accused
had knowledge of certain facts that show
accused was acting intentionally
 Defence of accused here is to show that
he/she did not know that the ACTUS
REUS was leading to a crime
 However, accused cannot use defense
that they were unaware of the crime

MENS REA, cont’d.
MOTIVE: a reason for a person to want
to commit a crime
 Difference between motive and intent:
people may have motive to commit a
crime but do not go through with act
 Motive is used in court to add to weight
of MENS REA, but only as extra
evidence, not as proof of MENS REA
