CRIMINOLOGY Elements of an Offense Mens Rea Types

CRIMINOLOGY Elements of an Offense Mens Rea – Types

THE EQUATION For a conviction, the Crown must prove beyond a reasonable doubt the following A prohibited act – ACTUS REUS Criminal intent - MENS REA

ACTUS REUS • Within the Criminal Code – set by Parliament • The act OR omission to act • Deemed sufficiently harmful to warrant state intervention

ACTUS REUS CON’T EASY EXAMPLE: s. 222(1) “a person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. ” What’s the Actus Reus? ?

ACTUS REUS CON’T DIFFICULT EXAMPLE: s. 90(1) “Every person commits an offence who carries a weapon…concealed, unless the person is authorized under the Firearms Act to carry it concealed. ” What’s the Actus Reus? ? http: //www. youtube. com/watch? v=L 6 o. Ew. Etv. Yt 8&feature =relmfu

ACTUS REUS CON’T What questions must we determine when interpreting this specific law? ? ? What are the answers and where can we find them? ?

MENS REA • Mental element that accompanies actus reus • Actus non facit reum nisi mens sit rea – an act does not become guilty unless the mind is guilty • ‘Guilty mind’ • In the Criminal Code both literally & contextually

WAYS TO HAVE MENS REA • General & Specific Intent • Intent, Motive & Doctrine of Transferred Intent • Knowledge • Recklessness • Wilful Blindness

GENERAL & SPECIFIC INTENT GENERAL INTENT – most crimes require this, simply the concept that you meant to commit the crime. If I throw a rock at my neighbor’s head and it hits her, what’s required for general intent? SPECIFIC INTENT – intent in addition to general for a ‘specific’ purpose How can we change the previous example to create a Specific Intent situation?

INTENT, MOTIVE, DOCTRINE OF TRANSFERRED INTENT • Intent & Motive are NOT the same • Use Robert Latimer as an example……… • Transferred intent…my buddies idiot brother

KNOWLEDGE • Usually present in the Criminal Code wording • s. 251 (1) Everyone who knowingly (b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight… is guilty of an indictable offence…

RECKLESSNESS • Extremely careless or heedless of apparent danger • Must show that the accused was aware of the danger involved The Ron Artest Elbow http: //www. youtube. com/watch? v=86 px. EMPf. KII

WILFUL BLINDNESS • Alike to recklessness but more complex • When someone suspects a harmful or criminal outcome but prefers not to ask the questions that would confirm their suspicions. R. v. Blondin [Drug Smuggling]

WHEN YOU MENS REA ISN’T REQUIRED • Regulatory offences (Traffic Violations, Pollution Offences…) • Crown now needs only prove absolute or strict liability

ABSOLUTE LIABILITY • Legal Formalism at its best!!! • Most commonly used for speeding offences • Mens Rea 100% irrelevant • Was only sort of liability until 1978 – Supreme Court of Canada deemed it unfair in certain situations……enter ‘strict’ liability

STRICT LIABILITY • Guilt based on actus reus AND inability to prove DUE DILIGENCE – attempt to take all reasonable care possible to avoid the guilty act • Very common in environmental & construction cases

Must do everything possible to ensure a crime doesn’t take place

MENS REA QUIZ Company X commits a guilty act and the Crown can prove it. What is required of the Crown to convict them in this case if it fell under: Regular Mens Rea – Absolute Liability – Strict Liability -

PRACTICAL APPLICATION • Pg. 251 in your textbooks Due Diligence and Environmental Contamination