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Elements of the Offence

Elements of the Offence. October 9, 2007. Elements of the Offence. Legal Requirements of the Offence Found in the statute (and the way that the statute has been interpreted) . Essential Elements. Actus reus , the physical components Mens rea , the mental component or fault

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Elements of the Offence

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  1. Elements of the Offence October 9, 2007

  2. Elements of the Offence • Legal Requirements of the Offence • Found in the statute (and the way that the statute has been interpreted)

  3. Essential Elements • Actus reus, the physical components • Mens rea, the mental component or fault • Two parts must come together

  4. Actus Reus: What is it? • Act/omission • Usually physical act eg inflicting force, failing to provide necessaries • Usually found in the description of the offence

  5. Mens Rea: What is it? • Blameworthiness, fault, guilty mind • Includes intention, knowledge • Usually statute silent about the nature of mens rea required • Starting point , mr requirement is subjective but sometimes objective

  6. Parts of the Actus Reus • Conduct • Circumstances • Consequences

  7. Conduct • Voluntary act or omission • Note same act may be crime in some circumstances, non-criminal in other circumstances

  8. Circumstances • That surround the act to make it criminal (eg. Absence of consent to sexual activity, being a parent in failing to provide necessaries, bigamy pre-existing marriage

  9. Consequences • Certain crimes require particular harm to have been caused Eg homicide assault causing bodily harm destruction of property • Certain crimes do not include consequences eg perjury, attempted murder (sometimes called conduct crimes)

  10. Consequences (cont.) • With consequence crimes, Crown must prove: • Consequence occurred AND • Conduct of the accused caused the consequence

  11. Included Offences • An offence for which all of its elements are in the offence charged • Accused can only be convicted of offence charged or an included offence Eg charged with murder But Crown doesn’t prove death, may be attempt murder (no proof of consequence a.r.) Crown does not prove intent, may be manslaughter(no proof of requisite m.r.)

  12. Included Offences (cont) • Eg Crown fails to prove death and fails to prove intent, may be assault or assault b/h.

  13. Omissions • May satisfy the conduct requirement of the a.r. as a failure to act BUT ONLY: • Where there is a legal duty OR • Parliament expressly states that a crime committed by omission • Limitation on omission reflects policy orientation

  14. Examples of Omissions • S. 129(b) • S. 215 • S. 242 • S. 252

  15. Voluntariness • Principle applies to the conduct of the actus reus • Voluntariness not a principle of mens rea • Involuntary acts are considered not the acts of the accused because not the acts of an operating mind Eg reflex, seizure, sleepwalking

  16. Principle of legality • Section 11(g) of the Charter • Section 9 of the Code • Example: Frey v. Fedoruk • Is peeping a crime? Why does that matter? • Arguments in favor of making peeping a crime: • if it went unpunished, three was potential for fear that may lead to violence and cause a breach of peace in the community • Arguments against making it a crime: • certainty in the criminal law • it is Parliament’s duty to make law, not the court

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