The Elements of a CrimeThe Elements of a CrimeChapter 6, LIAChapter 6, LIA

Criminal OffencesCriminal Offences

• For all criminal offences, it is necessary to For all criminal offences, it is necessary to prove prove two elements:two elements:

Actus ReusActus Reus

• From Latin, referring to “action involving From Latin, referring to “action involving guilt.”guilt.”

• It must be shown that the person It must be shown that the person committed an act prohibited by the law.committed an act prohibited by the law.

Mens ReaMens Rea

• Latin for “Guilty Mind”Latin for “Guilty Mind”

• It refers to the mental state of the person It refers to the mental state of the person committing the crime.committing the crime.

• Mens rea Mens rea exists if the offence is committed exists if the offence is committed with (1) intent or knowledge, or (2) with (1) intent or knowledge, or (2) recklessness.recklessness.

Mens ReaMens Rea

• The law considers some people incapable The law considers some people incapable of forming the intent to commit wrongful of forming the intent to commit wrongful actions.actions.

• Examples include:Examples include:– ChildrenChildren– The insaneThe insane– And those under the influence of alcohol or And those under the influence of alcohol or

drugs to such an extent that they do not know drugs to such an extent that they do not know the nature of their actions.the nature of their actions.

• Both Both Actus Reus Actus Reus and and Mens ReaMens Rea must must exist at the same time in order for exist at the same time in order for someone to be found guilty of a criminal someone to be found guilty of a criminal act.act.

• These conditions have to be proven to These conditions have to be proven to exist at the time the crime was committed exist at the time the crime was committed and be proven beyond a reasonable and be proven beyond a reasonable doubt.doubt.

General IntentGeneral Intent

• The intent is limited to the act itself and The intent is limited to the act itself and the person has no other criminal purpose the person has no other criminal purpose in mind.in mind.

• In an Assault case, the Crown only has to In an Assault case, the Crown only has to prove that the accused prove that the accused diddid apply force. apply force.

• Trespassing – accused Trespassing – accused waswas on someone on someone else’s property at night. The intent to be else’s property at night. The intent to be there is inferred. there is inferred.

Specific IntentSpecific Intent

• The person committing the offence has a The person committing the offence has a further criminal purpose in mind.further criminal purpose in mind.

• In a Break and Enter, specific intent exists In a Break and Enter, specific intent exists because it involves the following:because it involves the following:– [1] An intentional illegal action (breaking and [1] An intentional illegal action (breaking and

entering) that is committed with the intent to entering) that is committed with the intent to commit [2] a further illegal action (robbery, an commit [2] a further illegal action (robbery, an indictable offence)indictable offence)

Knowledge

• The knowledge of certain facts can provide the necessary mens rea.

• For example: if you knowingly use a credit card that has been cancelled. – It is only necessary to prove that the person

used the card knowing that it was cancelled; prosecution does not have to prove intent to defraud.

Criminal Act and OmissionsCriminal Act and Omissions• Failure for a person to do something (omission) can Failure for a person to do something (omission) can

be deemed a wrongful act.be deemed a wrongful act.

• I.E. Failure to provide the necessities for someone I.E. Failure to provide the necessities for someone you are legally obligated to provide for.you are legally obligated to provide for.– Not obtaining assistance for someone in childbirthNot obtaining assistance for someone in childbirth– Not taking an elderly parent to the hospitalNot taking an elderly parent to the hospital– Not providing food for your children.Not providing food for your children.

• A person’s failure to do something A person’s failure to do something cancan be interpreted be interpreted as a criminal act.as a criminal act.

AttemptAttempt

• A person who intends to commit a criminal A person who intends to commit a criminal offence but fails to complete the act may offence but fails to complete the act may still be guilty.still be guilty.

• It is illegal to attempt to break the law.It is illegal to attempt to break the law.

• How would How would youyou prove prove Actus Reus Actus Reus and and Mens ReaMens Rea??

ConspiracyConspiracy

• A A conspiracyconspiracy is an agreement between two is an agreement between two or more people to commit a crime or to or more people to commit a crime or to achieve something by an illegal act.achieve something by an illegal act.

• The planning of the act itself is a crime.The planning of the act itself is a crime.

• The people involved must be serious in their The people involved must be serious in their intention to commit the crime. intention to commit the crime. – Jokes or threats are not considered conspiracy.Jokes or threats are not considered conspiracy.

Aiding and AbettingAiding and Abetting

• AidingAiding means to help someone commit a means to help someone commit a crime.crime.

• AbettingAbetting means to encourage someone to means to encourage someone to commit a crime.commit a crime.

• Both acts are considered to be a crime.Both acts are considered to be a crime.

Accessory After The FactAccessory After The Fact

• Accessory after the factAccessory after the fact is when is when someone helps a criminal avoid detention someone helps a criminal avoid detention or capture.or capture.

• This is a criminal act.This is a criminal act.

• Can you give examples of Can you give examples of Accessory Accessory after the factafter the fact??

The End!