Elements of a Crime

1. Elements of a Crime

2. Actus Reus – “The Guilty Act” is the voluntary action, omission, or state of being that is prohibited by law • Mens Rea – “The Guilty Mind” demonstrates a deliberate intention to commit a wrongful act, with reckless disregard for the consequences; implies moral guilt

3. A State of Being: • Certain offences may be neither an action or omission but a state of being • Example:Being in possession of stolen goods or break-in tools An Omission: • Failing to do something can be considered a wrongful act because it is an omission Example:An infant child dies from malnutrition because its parents are not feeding it enough food An Action: • Most criminal cases involve a voluntary physical action that either cause: • Harm or loss to a person or group of people • Damage to property Example:Striking someone without consent is assault

4. Intent • Intent is a state of mind in which someone desire to carry out a wrongful action (break the law), knows what the results will be, and is reckless regarding the consequences and must be proven by the Crown Example:“Implies force intentionally” • General Intent – A person commits a wrongful act without ulterior motive or purpose Example: Joe got really mad and hit Fred. Proving Joe hit Fred establishes Mens Rea. • Specific Intent – A person commits one wrongful act for the purposes of accomplishing another Example: Joe hit Fred so he could rob him. Proving Joe hit Fred with the specific intent to rob him establishes Mens Rea.

5. Motive • Motive is the reason that a person commits a crime • Not the same as Intent • Although useful at trial, motive is not one of the elements the Crown must prove to get a conviction Example: • Intent = Joe hit Fred with the specific intent to rob him. • Motive = Joe had outstanding gambling debts.

6. Knowledge • Knowledge is an awareness of certain facts that can be used to establish mens rea Example: The Crown only must prove that a person knowingly circulated a forged document • It is not necessary for the Crown to establish general or specific intent

7. Criminal Negligence • A person’s deliberate or reckless disregard for the lives and safety of others through his actions or omission to do anything that is his duty to do so; sometimes causing injury or death Example: Leaving a loaded weapon on the night table beside the bed and a child picks it up and accidently shoots her friend Recklessness • Consciously taking a risk that a reasonable person would not take. Example: Not wearing your required glasses while driving and cause a serious accident Wilful Blindness • Deliberately closing your mind to the possible consequences of your actions. Example:Buying a cheap TV from someone that has no serial numbers

8. Strict and Absolute Liability • Regulatory Laws are federal or provincial statutes meant to protect public welfare • Less serious offenses • Crown does not have to prove Mens Rea • Laws do not include words like willfully or with intent. Examples: Environmental protection, Workplace safety, Traffic offences

9. Strict and Absolute Liability • Liability is being legally responsible for a wrongful action • Divided into two categories – strict liability and absolute liability

10. Strict Liability Offences • The accused may acknowledge that the offence took place but then offer the defence of due diligence. • Due diligence is proving that every reasonable precaution to avoid committing the offence was taken. Examples:Employee got hurt, but employer provided full safety training and safety equipment Absolute Liability Offences • No defence possible • Courts must find the defendant guilty once facts established and the Crown demonstrates the accused was responsible • Because offenders can offer no defence once the facts have been established jail time is not a penalty Examples:Driving without a licence or speeding