ELEMENTS OF A CRIME
The Guilty Act and The Guilty Mind
Criminal Code
• Sect. 299. Culpable homicide is murder
• a) where the person who causes the death of a human being
• i) means to cause his death, or
• Ii) means to cause him bodily harm that he knows is likely to cause his
death, and is reckless whether death ensues or not
The Elements of a Crime- Actus Reus
Actus reus – wrongful deed
Must be shown that the person committed an act prohibited by law
Failure to do something (example: for parents to withhold the
necessities of life for their children)
In a court proceeding, the prosecutors have to prove that the accused
actually committed the act
The Elements of a Crime- the Mind
Mens Rea – guilty mind
Intent or Knowledge: based on the facts and what a reasonable person would be
thinking under the circumstances
• Intent – the true purpose of the act
•
General intent- intent is limited to the act itself (assault – crown need only
prove the intent to apply force
•
Specific Intent- when the person committing the offence has a further criminal
purpose
•
Law considers some people incapable of forming intent (mental illness, minors,
being extremely drunk or high)
The Elements of a Crime continued
Mens Rea – guilty mind
Intent or Knowledge
Knowledge- knowledge of facts – prove mens rea
Motive- reason for committing an offence
Not the same as intent
Does not establish guilt of the accused
Can be used as circumstantial (indirect) evidence
Recklessness
Careless disregard for the possible result of an action
People don’t intend to harm others however they understand the risks of their
actions and proceed anyway
Must be proven by the Crown attorney, beyond a reasonable doubt
that actus reus and mens rea existed
The Elements of a Crime continued
• Willful Blindness: pretending not to know something
• Our justice system does not allow people to turn a blind eye to the
criminal truth
• The average reasonable person is a standard applied in this casewould a reasonable person in a similar situation understand what is
happening or not
• Totally based on circumstance
Offences without a Mens Rea
Usually violations of federal or provincial regulations passed to protect the
public (speeding)
Regulatory offences
Carry less penalties
Don’t carry stigma associated with criminal convictions
2 Types
Strict Liability Offences
Absolute Liability offences
Offences without a Mens Rea Continued
1. Strict liability offences :
• The liability is said to be strict because the defendants will be convicted even
though they were genuinely ignorant of one or more factors that made their
acts criminal – no need to prove mens rea
• Therefore it is only necessary to prove the offence was committed
• Due diligence: defense used by the defendant (took care not to commit the
offence or honestly believed in a mistaken set of facts)
2. Absolute liability offences:
• Crown need only prove actus reus
• no possible defence (no act was taken to prevent)
• if the person committed actus reus, he or she is guilty, no matter what
precautions were taken to avoid committing the offence (can’t use due
diligence)
• law does not specify which regulatory offences are strict liability or absolute
• prison term for an absolute liability is unconstitutional
Attempt
• intends to commit the crime, but fails
• actus reus for attempt begins in the first steps
towards committing the crime (preparatory
stages are decided by judge or jury)
• can be tried for the act it’s self
Conspiracy
• agreement between two or more people to
commit a crime or to achieve something legal by
doing something illegal