Elements of an Offence, Intention & Involvement in a CrimeElements of an Offence, Intention & Involvement in a Crime

*The Elements of a Crime*The Elements of a Crime

Actus ReusActus Reus ++ Mens ReaMens Rea = = CrimeCrime

““The Guilty The Guilty Act: Act: demonstrates demonstrates a voluntary a voluntary action, action, omission, or omission, or state of being state of being that is that is prohibited by prohibited by law.law.

““The Guilty Mind” The Guilty Mind” demonstrates that demonstrates that the act was the act was intentional, intentional, knowing, knowing, negligent, negligent, reckless, or reckless, or wilfully blindwilfully blind

*Actus Reus Examples*Actus Reus Examples s.222(1) Homicide – s.222(1) Homicide – causes the deathcauses the death of another of another

human being (ACTION OR OMISSION OR STATE OF human being (ACTION OR OMISSION OR STATE OF BEING?)BEING?)

s.90(1) Concealed weapon – s.90(1) Concealed weapon – carries a weaponcarries a weapon… … device… ammo… concealed (ACTION OR device… ammo… concealed (ACTION OR OMISSION OR STATE OF BEING?)OMISSION OR STATE OF BEING?)

s.215(1) Necessities of life – s.215(1) Necessities of life – fails to provide the fails to provide the necessaries of lifenecessaries of life (OMISSION OR OMISSION OR (OMISSION OR OMISSION OR STATE OF BEING?)STATE OF BEING?)

s. 351 Possession of break-in instruments - s. 351 Possession of break-in instruments - … has … has in his possessionin his possession any instrument suitable for… any instrument suitable for… (ACTION, OMISSION OR STATE OF BEING?)(ACTION, OMISSION OR STATE OF BEING?)

*Incapable of Mens Rea*Incapable of Mens Rea

The law considers some to be incapable The law considers some to be incapable ofof

forming the intent necessary to commit aforming the intent necessary to commit a

wrongful action:wrongful action: Those suffering from a mental disorderThose suffering from a mental disorder Minors (under 12)Minors (under 12) Those under the influence of drugs or Those under the influence of drugs or

alcohol to such an extent that they don’t alcohol to such an extent that they don’t understand the nature of their actionsunderstand the nature of their actions

*Mens Rea – Category of Intent*Mens Rea – Category of Intent

Intent: a state of mind in which Intent: a state of mind in which someone desires to carry out a someone desires to carry out a wrongful action, knows what the wrongful action, knows what the results will be, and is reckless results will be, and is reckless regarding the consequencesregarding the consequences

Reckless means knew or should have Reckless means knew or should have foreseen the results of a wrongful actforeseen the results of a wrongful act

Two typesTwo types GeneralGeneral SpecificSpecific

*Mens Rea – General Intent*Mens Rea – General Intent

General intent means a person General intent means a person commits a wrongful act for its owns commits a wrongful act for its owns sake, with no ulterior motive or sake, with no ulterior motive or purposepurpose

Ex. s.251(1)(a) - assault - … applies Ex. s.251(1)(a) - assault - … applies force intentionallyforce intentionally

Ex. Alice walks up to Michael and Ex. Alice walks up to Michael and punches him in the face. Michael’s punches him in the face. Michael’s nose is broken by Alice’s punch. nose is broken by Alice’s punch.

*Mens Rea – Specific Intent*Mens Rea – Specific Intent Specific intent – the desire to commit Specific intent – the desire to commit

one wrongful act for the sake of one wrongful act for the sake of accomplishing anotheraccomplishing another

Ex. s.343(c) – everyone commits Ex. s.343(c) – everyone commits robbery who assaults any person robbery who assaults any person with the intent to steal from himwith the intent to steal from him

(Ex. After punching Michael in the (Ex. After punching Michael in the face, Michelle steals his wallet – need face, Michelle steals his wallet – need not only intent to assault but also not only intent to assault but also intent to steal from him)intent to steal from him)

*Subjective Intent - Knowing*Subjective Intent - Knowing

In some cases, the Crown can show mens In some cases, the Crown can show mens rea, by proving that the rea, by proving that the accusedaccused had had knowledge of certain factsknowledge of certain facts

Ex. s.368(1)(a) - … knowing that a Ex. s.368(1)(a) - … knowing that a document is forged, uses, deal, or acts…document is forged, uses, deal, or acts…

Only have to establish that accused knew Only have to establish that accused knew that the document was forged, not that that the document was forged, not that they had any general or specific intentthey had any general or specific intent

Ex. s.251 – knowingly… sends an Ex. s.251 – knowingly… sends an aircraft… that is not fit…aircraft… that is not fit…

*Objective Intent - Negligence*Objective Intent - Negligence

A person is criminally negligent if A person is criminally negligent if they do or omit to do anything that they do or omit to do anything that shows wanton or reckless disregard shows wanton or reckless disregard for the lives or safety of othersfor the lives or safety of others

Ex. Joe leaves a loaded .22 pistol on Ex. Joe leaves a loaded .22 pistol on the night table beside his bed. One the night table beside his bed. One day his young daughter accidentally day his young daughter accidentally shoots her friend. Joe’s mens rea is shoots her friend. Joe’s mens rea is the “wanton or reckless disregard” the “wanton or reckless disregard” he showed by leaving the pistol outhe showed by leaving the pistol out

*Objective Intent - *Objective Intent - RecklessnessRecklessness

Recklessness – consciously taking an Recklessness – consciously taking an unjustifiable risk that a reasonable unjustifiable risk that a reasonable person would not takeperson would not take

Ex. Dangerous operation of a motor Ex. Dangerous operation of a motor vehicle would take place if you vehicle would take place if you needed glasses to drive, forgot them, needed glasses to drive, forgot them, drove anyway and caused an drove anyway and caused an accidentaccident

*Subjective Mens Rea – Willful *Subjective Mens Rea – Willful BlindnessBlindness

A deliberate closing of the mind to A deliberate closing of the mind to the possible consequences of one’s the possible consequences of one’s actionsactions

Ex. Possession of Stolen Property – if Ex. Possession of Stolen Property – if you possess property that you you possess property that you acquired in a too good to be true acquired in a too good to be true scenarioscenario

*Incomplete Crimes*Incomplete Crimes• Criminal Act must be completed for a Criminal Act must be completed for a

crime to exist?crime to exist?• There are exceptions to this rule: There are exceptions to this rule:

Criminal AttemptCriminal Attempt & & Conspiracy.Conspiracy.• Attempt= Attempt= Even if a person is Even if a person is

unsuccessful in the commission of a unsuccessful in the commission of a crime, he/she can still be charged crime, he/she can still be charged with criminal attempt.with criminal attempt.

• Ex:Terrorist caught with with bomb before Ex:Terrorist caught with with bomb before use.use.

Incomplete CrimesIncomplete Crimes

ConspiracyConspiracy = agreement between 2 = agreement between 2 or more people to perform anor more people to perform anillegal act. Even if crime not illegal act. Even if crime not committed, can still be charged. committed, can still be charged. Ex: Bob and Sam plan to murder Sally. Ex: Bob and Sam plan to murder Sally.

Hire an undercover police officer. Hire an undercover police officer. Can’t be charge with murder, BUT can Can’t be charge with murder, BUT can be charged with be charged with conspiracy for planning to kill.conspiracy for planning to kill.

*Involvement in a Crime*Involvement in a Crime

Perpetrator – the person who actually Perpetrator – the person who actually commits the crimecommits the crime

Parties to an offence – those people Parties to an offence – those people who are indirectly involved in who are indirectly involved in committing a crimecommitting a crime

*Aiding*Aiding

A criminal offence that involves A criminal offence that involves helping a perpetrator commit a crimehelping a perpetrator commit a crime

Don’t actually have to be present Don’t actually have to be present when the crime is committedwhen the crime is committed

Ex. Lisa works at a pharmacy and Ex. Lisa works at a pharmacy and gives a pharmacy key to her boyfriendgives a pharmacy key to her boyfriend

*Abetting*Abetting

The crime of encouraging the The crime of encouraging the perpetrator to commit an offence perpetrator to commit an offence without providing physical assistancewithout providing physical assistance

Ex. If Lisa had encouraged her Ex. If Lisa had encouraged her boyfriend to rob the pharmacy, she boyfriend to rob the pharmacy, she could also be charged with abettingcould also be charged with abetting

*Counselling*Counselling A crime that involves advising, A crime that involves advising,

recommending, or persuading another recommending, or persuading another person to commit a criminal offenceperson to commit a criminal offence

Seems very similar to abettingSeems very similar to abetting

Ex. If Lisa had provided advice to her Ex. If Lisa had provided advice to her boyfriend about the best way to steal boyfriend about the best way to steal from the pharmacyfrom the pharmacy

*Accessory After the Fact*Accessory After the Fact

Someone who knowingly receives, Someone who knowingly receives, comforts, or assists a perpetrator in comforts, or assists a perpetrator in escaping from the policeescaping from the police

Ex. Lisa’s boyfriend breaks in, steals Ex. Lisa’s boyfriend breaks in, steals and escapes. Lisa (knowing he and escapes. Lisa (knowing he committed the crime) gives him a committed the crime) gives him a place to hide out from the policeplace to hide out from the police

*Party to Common Intention*Party to Common Intention

The shared responsibility among The shared responsibility among criminals for any additional offences criminals for any additional offences that are committed in the course of that are committed in the course of the crime they originally intended to the crime they originally intended to commitcommit

Ex. if 6 people rob a bank and one of Ex. if 6 people rob a bank and one of the robbers shoots and kills a teller, the robbers shoots and kills a teller, all 6 can be charged with murderall 6 can be charged with murder