TWO MAIN ELEMENTS OF CRIME

TWO MAIN ELEMENTS OF CRIME

• Most crimes require the following two elements in order for a crime to have been committed and a person to be guilty and liable for the crime or offence. • Actus Reus • Mens Rea

ACTUS REUS • Latin term that means a guilty act. • physical act performed (ex.-theft) that is prohibited by law. • omission or a failure to act that the law requires a person to do. (care for children as a parental obligation). • Omission crimes are referred to as CRIMINAL NEGLIGENCE.

ACTUS REUS • Act or omission must be VOLUNTARY. • Criminal Code does not specify how a crime was committed but emphasizes the consequence or outcome of an action. • EX. Murder- death of an individual is the consequence that the law focuses on. • There are many different ways to murder a person.

ACTUS REUS • action, consequence of action, and the circumstances all need to be considered to determine if an unlawful act has been committed. • easier of the 2 elements to prove.

MENS REA • Latin term that means a guilty mind . • For a person to be found guilty of a crime a certain mental state must exist. There 5 different mental states; • a.) INTENT • b.) RECKLESSNESS • c.) KNOWLEDGE • d.) CRIMINAL NEGLIGENCE • e.) WILFUL BLINDNESS

MENS REA • The Criminal Code of Canada specifies the required Mens Rea of all offences. • The courts will decide if the mens rea required exists. They will interpret this from the trial that is presented before them. • Many offenders try to use the element of mens rea as a defence. (They didn't know or try it, insanity). • More difficult to prove and/or defend.

5 TYPES OF MENS REA • • • • •

a.) INTENT b.) RECKLESSNESS c.) KNOWLEDGE d.) CRIMINAL NEGLIGENCE e.) WILFUL BLINDNESS

INTENT • A person wanted to do the wrong, knew and wanted to achieve the consequence of his/her action. • Example: David died from stab wounds caused by Michael. Michael intended or wanted to kill David that is why he stabbed him. Therefore Michael is guilty of murder.

INTENT • Perjury • 131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

RECKLESSNESS • Recklessness means that you perform an action even though you are aware of the potential harm that COULD result from your actions. Taking and unjustifiable risk! • Example: Drinking and driving.

KNOWLEDGE • A person knows certain facts or circumstances. • Example: buying a stereo from a friend that you KNOW is stolen. You are guilty of possessing stolen goods. Another uttering forged documents.

KNOWLEDGE • Incest • 155. (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person. • Punishment • (2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

CRIMINAL NEGLIGENCE • Failing to take precautions through an act or omission • RULE followed: Any REASONABLE person! • Causes Harm to another person • Ie. Loaded gun, keys in an ignition, lighter left around, … • Defence = DUE DILIGENCE (Duty of Care) • Ie. Fence around a pool!

WILFUL BLINDNESS • Deliberately closing your mind or ignoring the obvious and the possible consequences of your actions. • Ie. Purchasing a New truck for $1000.00 from a complete stranger! • You know you should ask questions, but don’t partly because you know the truth…hope that NOT KNOWING will wok in your favor!