The Elements of a Crime You Need to Know

1. The Elements of a Crime You Need to Know

2. There are some critical elements to every criminal case in Canada, although some crimes require additional components. The elements of a crime include actus reus, mens rea, and causation. We’ll discuss each element in this article and explain their importance when navigating Canada’s legal system. If you’re facing criminal charges in Canada, you should schedule a meeting with criminal lawyers in Toronto. A criminal lawyer will assess your case’s facts and provide legal advice to ensure their clients are not convicted or receive a reduced charge. Elements of a Crime In Canada, crimes are not broken down into misdemeanours and felonies like in other countries. However, the prosecution must prove the guilt of a suspect by demonstrating that the elements of a crime exist in the alleged crime, including: The act or conduct –actus reus The suspect’s mental state at the time of the action –mens rea; The causation between the criminal act and the consequences. Actus Reus (Conduct) Actus Reus is Latin for “guilty act,” referring to committing a criminal offense. The law doesn’t recognize the thought of committing a crime as a criminal act. In other words, a suspect has to execute a certain action that would be considered a crime in that jurisdiction. For instance, if you plan to rob a bank, you’ve not yet committed a crime because you haven’t acted on the plan (action). On the other hand, you’ll be considered to have committed a crime if you walk into a bank and demand money from a teller while brandishing a gun. That act constitutes actus reus, and you may face robbery charges. Sometimes the lack of action may be considered a criminal act. The omission of an act only applies to situations where a suspect was expected to act. This typically occurs during rescue missions–when you can save a life without putting endangering your life. Besides the common example of a drowning person while someone is nearby, common cases of unlawfully failing to act include tax evasion, alimony, child support, or failing to support your children.

3. Mens Rea (Intent) Mens rea is Latin for intent to commit a crime or guilty mind. Mens Rea refers to a suspect’s mental state when committing a crime. The prosecution must not only prove that the suspect committed an offence but intended to commit the alleged crime to sustain a conviction. However, the suspect might still be convicted even if the prosecution cannot prove intent, either because the suspect isn’t capable of criminal intent or they were unaware of the consequences of their actions. For instance, involuntary manslaughter attracts conviction, but the sentence for this type of crime is typically less harsh. The types of mens rea include: General intent; Specific intent; Motive, and Knowledge or awareness. General Intent General intent refers to criminal offences that do not require to be proved beyond a reasonable doubt regarding a suspect’s mind at the time of committing an offence. Assault is a good example in this case. The prosecution should only prove that a suspect intended to cause harm but not to kill. Specific Intent Crimes The prosecution must prove that a suspect had an end goal in mind when they committed an alleged offence. Burglary is a good example of a specific intent crime. The prosecution must prove that a suspect intended to steal from another person’s home. A burglary crime is typically reduced to “breaking and entering” if the prosecution fails to prove specific intent.

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