Criminal LawCriminal Law

Elements of a CrimeElements of a Crime

Two conditions must exist for an act Two conditions must exist for an act to be considered a crime: to be considered a crime: Actus ReusActus Reus and and Mens ReaMens Rea

Actus Reus = A Wrongful DeedActus Reus = A Wrongful Deed Mens Rea = A Guilty MindMens Rea = A Guilty Mind The crown attorney must prove that The crown attorney must prove that

actus reus and mens rea existed at actus reus and mens rea existed at the time the crime was committedthe time the crime was committed

Actus Reus and Mens Actus Reus and Mens ReaRea

In most instances the CCC will In most instances the CCC will outline what must occur for an act outline what must occur for an act to be considered a crimeto be considered a crime

Mens rea exists if the offence is Mens rea exists if the offence is committed with:committed with:

1.1. Intent or KnowledgeIntent or Knowledge

2.2. RecklessnessRecklessness

Example: Criminal Example: Criminal HarassmentHarassment

Criminal HarassmentCriminal Harassment 264 (1) No person shall, without lawful 264 (1) No person shall, without lawful

authority and knowing that another authority and knowing that another person is harassed, or recklessly as to person is harassed, or recklessly as to whether the other person is harassed, whether the other person is harassed, engage in conduct referred to in engage in conduct referred to in subsection (2) that causes that other subsection (2) that causes that other person reasonably, in all the person reasonably, in all the circumstances, to fear for their safety or circumstances, to fear for their safety or the safety of anyone known to them.the safety of anyone known to them.

Example: Criminal Example: Criminal HarassmentHarassment

Prohibited ConductProhibited Conduct (2) The conduct mentioned in subsection (1) (2) The conduct mentioned in subsection (1)

consists ofconsists of (a) repeatedly following from place to place the other (a) repeatedly following from place to place the other

person or anyone known to them;person or anyone known to them; (b) repeatedly communicating with, either directly or (b) repeatedly communicating with, either directly or

indirectly, the other person or anyone known to them;indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place (c) besetting or watching the dwelling-house, or place

where the other person, or anyone known to them, where the other person, or anyone known to them, resides, works, carries on business or happens to be; resides, works, carries on business or happens to be; oror

(d) engaging in threatening conduct directed at the (d) engaging in threatening conduct directed at the other person or any member of their family.other person or any member of their family.

Example: Criminal Example: Criminal HarassmentHarassment

The The actus reus, or wrongful act, in the actus reus, or wrongful act, in the offence of offence of criminal harassment is clearly criminal harassment is clearly spelled out in subsection 264(2) of the spelled out in subsection 264(2) of the Criminal Code and Criminal Code and includes:includes: Repeatedly following,Repeatedly following, Repeatedly communicating with,Repeatedly communicating with, Besetting or watching a dwelling or other Besetting or watching a dwelling or other

place,place, or engaging in threatening conduct,or engaging in threatening conduct, when such conduct reasonably causes the when such conduct reasonably causes the

victim to fear for their safety, or for the victim to fear for their safety, or for the safety of others.safety of others.

Example: Criminal Example: Criminal HarassmentHarassment

The The mens rea, or mental element mens rea, or mental element of of the crime is indicated by the the crime is indicated by the words “words “knowing” and “recklessly” knowing” and “recklessly” in in subsection 264(1).subsection 264(1).

Intent or KnowledgeIntent or Knowledge Intent is the true purpose of an actIntent is the true purpose of an act General intent means that the intent is General intent means that the intent is

limited to the act itself and the person limited to the act itself and the person has no other criminal purpose in mindhas no other criminal purpose in mind With assault, the intention is to apply forceWith assault, the intention is to apply force

Specific intent exists when the person Specific intent exists when the person committing the crime has a further committing the crime has a further criminal purpose in mindcriminal purpose in mind For example a break and enter, with For example a break and enter, with

further intent to commit robberyfurther intent to commit robbery Attempted murder, an assault took place Attempted murder, an assault took place

with further intent to killwith further intent to kill

R v. Parks, 1992 CanLIIR v. Parks, 1992 CanLII

Read the Case on Page 124 of your Read the Case on Page 124 of your textbooktextbook

Motive and RecklessnessMotive and Recklessness

Motive is the reason for committing an Motive is the reason for committing an offenceoffence

Motive is not the same as intentMotive is not the same as intent A person can have motive, but commit no A person can have motive, but commit no

crime at allcrime at all Recklessness is the careless disregard for Recklessness is the careless disregard for

the possible results of an actionthe possible results of an action Mens rea can exist as a result of Mens rea can exist as a result of

recklessnessrecklessness Driving over the speed limit and causing deathDriving over the speed limit and causing death

Offences without Mens Offences without Mens ReaRea

Some offences which are less serious Some offences which are less serious do not require mens rea to be provendo not require mens rea to be proven

For example: speeding, pollutingFor example: speeding, polluting Strict liability offences require proof Strict liability offences require proof

that the crime was committed, but that the crime was committed, but the defendant can claim due the defendant can claim due diligence as a defensediligence as a defense Driving with an expired license even Driving with an expired license even

though you did not realize it had expiredthough you did not realize it had expired

Offences without Mens Offences without Mens ReaRea

Absolute liability offences require Absolute liability offences require proof that the crime was committed, proof that the crime was committed, but there is no possible defensebut there is no possible defense

You Be The JudgeYou Be The Judge

R v. Collins and FrenchR v. Collins and French

How do you think the court ruled? How do you think the court ruled? ExplainExplain

R. v. WilliamsR. v. Williams

AttemptAttempt

If you intend to commit a crime but If you intend to commit a crime but fail to complete the act, you may still fail to complete the act, you may still be guiltybe guilty

Proving attempt means proving that Proving attempt means proving that there was intent to commit the there was intent to commit the offenceoffence

The actus reus for attempt begins The actus reus for attempt begins when the person takes the first step when the person takes the first step toward committing the crimetoward committing the crime

Aiding or AbettingAiding or Abetting

Aiding means to help someone commit Aiding means to help someone commit a crimea crime

Abetting means to encourage Abetting means to encourage someone to commit a crimesomeone to commit a crime

It must be proven that the accused It must be proven that the accused had knowledge of the intent to commit had knowledge of the intent to commit the crime AND that the accused the crime AND that the accused actually helped or encouraged the actually helped or encouraged the person to commit the crimeperson to commit the crime

HomeworkHomework

Read 124-130Read 124-130 Do 1-5Do 1-5