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The Elements of a Crime

The Elements of a Crime. Conviction . In order to convict a criminal, the Crown normally needs to prove that two elements existed at the time of the offence: The act itself ( actus reus ) The intention ( mens rea ) Chart from page 143

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The Elements of a Crime

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  1. The Elements of a Crime

  2. Conviction • In order to convict a criminal, the Crown normally needs to prove that two elements existed at the time of the offence: • The act itself (actusreus) • The intention (mensrea) Chart from page 143 Actus Reus + Mens Rea = Crime “The guilty act” “The guilty mind”

  3. Actus Reus can be: • The physical act involved in committing the offence describe by the criminal law. • Failing to do something can be considered a wrongful act. This is called omission. • A state of being, which includes possession of stolen goods, and being in possession of break-in tools. ** Actusreusmust be a voluntary act.

  4. Mens Rea • “The Guilty Mind” – Which implies moral guilt. The accused did something that he or she knew to be wrong disregarding the consequences. • The crown can establish mensreaby showing that the accused had: • Intent: a state of mind in which someone desires to carry out a wrongful action, knows what the consequences will be, and is reckless regarding the consequences. • General Intent: a person commits a wrongful act for its own sake, with no ulterior motive or purpose. • Specific Intent: the desire to commit one wrongful act for the sake of accomplishing another. *** Do not confuse motive with intent – motive is the reason a person commits a crime.

  5. Mens Rea • The crown can establish mens rea by showing that the accused had: • Knowledge: an awareness of certain facts • Criminal Negligence: reckless disregard for the lives and safety of others, sometimes causing serious injury or death. The accused failed to take certain precautions that any reasonable person would take to avoid causing harm to another person. • Recklessness: Consciously taking an unjustifiable risk that a reasonable person would not take. • Wilful Blindness: A deliberate closing of one’s mind to the possible consequences of one’s actions.

  6. Strict and Absolute Liability • For less serious offences, some of which are called regulatory laws, the Crown does not have to establish mens rea. • If legislators want mens rea to be established, they need to include words such as wilfully or with intent in the regulations. If these kinds of words have not been included, mens rea does not need to be established. • These can be grouped into two liability categories: • Strict Liability – to which the accused can offer the defence of due diligence • Absolute Liability Offences – to which the accused can offer no defence.

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