Elements of an offence

1. Elements of an offence “To obtain a conviction, the Crown must prove beyond a reasonable doubt that each and every element of the offence with which the accused is charged was in fact committed by the accused.” pg 246 Dimensions of Law

2. What are two elements of an offence? • Actusreus: the wrongful act, or failure to act • Mensrea: the guilty mind, the intent

3. Actusreus • Identified by Parliament as harmful enough to warrant state intervention • The actusreusis not always clear cut • Judges interpret elements of a case to decide whether actusreus was present in all circumstances • Actusreus must be committed voluntarily

4. Mens Rea • “an act does not become guilty unless a mind is guilty” • Commission of a prohibited act does not indicate a CRIME • mensreacan be interpreted by judges in many ways, depending on the language used in the Criminal Code • Ex) fraudulently, recklessly

5. Analyzing a criminal offence • Interpretive presumption: an inference that must accompany the interpretation of the law when mensrea is required with every element of actusreus. • Check out page 248!

6. Subjective or Objective? • Historically actusreuswas determined by if a person was reasonable or not. If so, the actusreus was present because they understood the natural consequences. • Blame= not living up to standard of reasonable person

7. Subjective or Objective? • Recent years Crown must prove that the accused has the requisite intention, thus subjective measure • Subjective interpretation links fault to accused’s own choices • What’s the point? • Whether mensrea can be subjectively measured for a particular offence the accused in being charged with?

8. Your turn! • Determine what the actusreus and mensrea are for the cases on pg 250 

9. Absolute/Strict Liability • Regulatory offence is? • Regulate desirable behaviour, where said behaviour could cause harm to individuals or public • Ex) driving • What is the difference between a regulatory offence and a crime? • The way in which the Crown is required to prove the case

10. Absolute Liability • Culpability (guilt) based on the commission of an actusreuswithout regard to the mensrea • Actively used until 1970’s

11. Strict Liability • Culpability based on the commission of an actusreus and inability to prove the defence of due diligence • What is due diligence? • the care a reasonable person should take before entering into an agreement or a transaction with another party • The accused or corporation must avoid liability by PROVING that took all reasonable care to avoid committing the actusreus

12. Your turn! • Check out the difference between absolute liability, criminal liability and strict liability on pg 251 !

13. Mens Rea and fundamental justice • The Charter (sect 7-14) reflects legal rights of individuals. • It ensures fair treatment from the states while being investigated, charged, arrested, detained or tried.

14. Homework • Please complete the assigned questions on the handout and pg 253-254 # 1-2