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
0
