The Elements
of
Crime
--Law 120
What is a crime?
Any act or omission of an act that
is prohibited and punishable by
federal statute.
In general, four conditions must
apply:
• Act considered wrong by society
• Act causes harm to society in general or
those who need protection
• Harm must be serious
• Remedy must be handled by the criminal
justice system
Criminal Law
• Protect people and property
• Maintain order
• Preserve standards of public decency
Federal Law
•
•
•
•
•
•
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Criminal Code of Canada
Youth Criminal Justice Act
Controlled Drugs and Substances Act
Customs Act
Competition Act
Food and Drug Act
Income Tax Act
Provincial Law
• Considered “quasi-criminal” law (covers
less serious offences, mostly fines)
• Highway/Traffic Act
• Liquor Control Act
• Wildlife Act
To convict a person in Canada….
The Crown must prove that two
things existed at the time of the
offence:
1. The act itself
2. The intention to commit the act
Actus Reas
“The guilty act”
demonstrates a
voluntary action,
omission, or state of
being that is
prohibited by law.
“Mens Rea
“The guilty mind”
demonstrates that
the act was
intentional,
knowing, negligent,
reckless, or wilfully
blind.
CRIME
Actus Reas
• Latin meaning “the guilty action”
• refers to the physical act involved in
committing the offence
• the Criminal Code defines the wrongful act
in a clear and precise fashion so that we
understand what is law
• in most cases a criminal act must be
completed to qualify as an offense.
• In some cases failure to do something can
be an offense
• There are also offenses for which the actus
reas is a “state of being”--ex: possession of
stolen goods
• Actus reas must be voluntary--not forced by
another person
Mens Rea
• Latin for “the guilty mind”
• the term implies moral guilt--that the
accused deliberately did something he/she
knew was wrong
• can be established by showing the accused
had:
1. intent to commit an offense OR
2. Knowledge that what he/she did was
against the law
• Intent
• Knowledge
• Criminal Negligence
• Recklessness
• Wilful Blindness
INTENT
• Means that a person meant to do something wrong
• did not care about the consequences
• and knew (or could figure out) the results of their
actions
There are two kinds of intent in Canadian Law:
• General intent: the desire to commit the offense
with no other purpose
• Specific intent: when someone commits and act
with the purpose of accomplishing another
• General intent cases are easier to prove
NOTE: INTENT IS NOT THE
SAME AS MOTIVE.
• A motive is the reason someone commits a
crime while intent refers to that person’s
state of mind and willingness to break the
law.
Knowledge
• In some cases Crown can establish
knowledge
• to establish guilt the Crown only has to
establish that the accused knew certain facts
(for example--in the case of circulating a
forged $20--they only need to prove you
knew it was fake, not that you created it)
Criminal Negligence
• Means that the accused failed to take
precautions that any reasonable person
would take
• reckless disregard for the lives and safety of
others
• can be either doing something or neglecting
to do something
• ex: leaving a gun where a child could have
access
Recklessness
• Consciously taking an unjustifiable risk that
a reasonable person would not
• ex: not wearing glasses while driving a car,
despite the fact that you have very poor
vision
Wilful Blindness
• Involves deliberately closing your mind to
the possible consequences of your actions
• you should know but you do not want to
know the truth
• In some cases (less serious offenses)
the Crown does not have to prove
mens rea to win a conviction.
• Often against regulatory laws
(environmental protection,
workplace safety, hunting/fishing,
traffic)
• The offenses can be grouped into two
liability categories: Strict Liability
and Absolute Liability
Strict Liability
• Accused may acknowledge the offence took
place but offer defense of due diligence
(which means they took every reasonable
precaution)
Absolute Liability
•No possible defense
•Once the Crown has established the act
the court finds the accused guilty.
•Usual penalty is a fine
Due Diligence
• The defence that the accused took every
reasonable precaution to avoid committing a
particular offence.
Involvement in a crime
• Perpetrator- person who commits the crime.
• Parties to an offence- people indirectly
involved in committing a crime.
• Aiding- a criminal offence that involves
helping a perpetrator commit a crime.
• Abetting- crime of encouraging the
perpetrator to commit an offence.
Involvement continued
• Counselling- crime involved in advising,
recommending or persuading a person to commit a
crime.
• Accessory after the fact- someone who knowingly
receives, comforts, or assists a perpetrator in escaping
from the police.
• Attempt- The intention to commit a crime, even when
the crime is not completed.
• Conspiracy- Agreement between 2 or more people to
carry out an illegal act.