ELEMENTS OF A CRIME ACTUS REUS and MENS

ELEMENTS OF A CRIME

ACTUS REUS and MENS REA l= two elements needed to prove that action by accused is indeed a CRIME l ACTUS REUS = “guilty act/deed” l MENS REA = “guilty mind” l Without both proven, courts cannot find an accused to be guilty of a crime

ACTUS REUS and MENS REA l Onus of proof of both actus reus and mens rea is on the shoulders of the Crown, not the accused l This is due to Charter of Rights and Freedom section 11(d): that a person is “to be presumed innocent until proven guilty”

ACTUS REUS l Need for a proof of ACTUS REUS is based on proof that accused actually committed an act prohibited in the Criminal Code l Conversely, proof of ACTUS REUS for some crimes may need proof of OMISSION, or failing to act in a situation, such as care for baby

MENS REA l MENS REA demands proof of “intent to commit crime” l Two categories of MENS REA: INTENT or KNOWLEDGE l RECKLESSNESS l

MENS REA, cont’d. l INTENT: Accused’s state of mind shows that they understand the future consequence of their action l GENERAL INTENT: proof that accused was conscious of action’s intent – usually inferred by action l SPECIFIC INTENT: proof that action was to lead to another criminal offense

MENS REA, cont’d. l KNOWLEDGE: proof that an accused had knowledge of certain facts that show accused was acting intentionally l Defence of accused here is to show that he/she did not know that the ACTUS REUS was leading to a crime l However, accused cannot use defense that they were unaware of the crime

MENS REA, cont’d. l MOTIVE: a reason for a person to want to commit a crime l Difference between motive and intent: people may have motive to commit a crime but do not go through with act l Motive is used in court to add to weight of MENS REA, but only as extra evidence, not as proof of MENS REA