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ELEMENTS OF A CRIME

ELEMENTS OF A CRIME. An overview – Law 12 MUNDY 2007. ACTUS REUS and MENS REA. = two elements needed to prove that action by accused is indeed a CRIME ACTUS REUS = “guilty act/deed” MENS REA = “guilty mind” Without both proven, courts cannot find an accused to be guilty of a crime.

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ELEMENTS OF A CRIME

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  1. ELEMENTS OF A CRIME An overview – Law 12 MUNDY 2007

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

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

  4. ACTUS REUS • Need for a proof of ACTUS REUS is based on proof that accused actually committed an act prohibited in the Criminal Code • 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

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

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

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

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

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