Chapter 8 – Crime and Criminal Law Unit 3 – Criminal Law

Chapter 8 – Crime and Chapter 8 – Crime and Criminal LawCriminal LawUnit 3 – Criminal LawUnit 3 – Criminal Law

Elements of an Offence, Elements of an Offence, Intention & Involvement in a Intention & Involvement in a

CrimeCrime

Learning Goal for TodayLearning Goal for Today

By the end of the lesson(s), students By the end of the lesson(s), students will be able to analyze fact situations will be able to analyze fact situations and identify the actus reus and mens and identify the actus reus and mens rearea

ExpectationsExpectations

By the end of this lesson, students By the end of this lesson, students will:will:

……explain the legal definition of mens explain the legal definition of mens rea, actus reus, and strict and rea, actus reus, and strict and absolute liabilityabsolute liability

AgendaAgenda

Actus ReusActus Reus Mens ReaMens Rea IntentionIntention Incomplete CrimesIncomplete Crimes Involvement in a CrimeInvolvement in a Crime Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity

*The Elements of a Crime*The Elements of a Crime

Actus ReusActus Reus ++ Mens ReaMens Rea = = CrimeCrime

““The Guilty The Guilty Act: Act: demonstrates demonstrates a voluntary a voluntary action, action, omission, or omission, or state of being state of being that is that is prohibited by prohibited by law.law.

““The Guilty Mind” The Guilty Mind” demonstrates that demonstrates that the act was the act was intentional, intentional, knowing, knowing, negligent, negligent, reckless, or reckless, or wilfully blindwilfully blind

*The Elements of a Crime*The Elements of a Crime

If a person does not intend to commit If a person does not intend to commit the illegal act, then they may not be the illegal act, then they may not be guilty of a crime. For example, guilty of a crime. For example, although it is an assault to hit although it is an assault to hit someone, if the hit is not intended, it someone, if the hit is not intended, it is not an assault.is not an assault.

The Elements of a CrimeThe Elements of a Crime

E.g. Wanda is in the schoolyard and E.g. Wanda is in the schoolyard and is swarmed by bees. Trying to is swarmed by bees. Trying to prevent getting stung by the bees, prevent getting stung by the bees, Wanda swats them in a state of Wanda swats them in a state of panic. While she is flailing at the panic. While she is flailing at the bees, her arm hits Jimmy violently in bees, her arm hits Jimmy violently in the face. Wanda’s action breaks the face. Wanda’s action breaks Jimmy’s nose.Jimmy’s nose.

Actus ReusActus Reus

““Guilty Act”Guilty Act”

The voluntary action, omission, or The voluntary action, omission, or state of being that is forbidden by state of being that is forbidden by the Codethe Code

*Actus Reus Examples*Actus Reus Examples s.222(1) Homicide – s.222(1) Homicide – causes the deathcauses the death of another of another

human being (ACTION OR OMISSION OR STATE OF human being (ACTION OR OMISSION OR STATE OF BEING?)BEING?)

s.90(1) Concealed weapon – s.90(1) Concealed weapon – carries a weaponcarries a weapon… … device… ammo… concealed (ACTION OR device… ammo… concealed (ACTION OR OMISSION OR STATE OF BEING?)OMISSION OR STATE OF BEING?)

s.215(1) Necessities of life – s.215(1) Necessities of life – fails to provide the fails to provide the necessaries of lifenecessaries of life (OMISSION OR OMISSION OR (OMISSION OR OMISSION OR STATE OF BEING?)STATE OF BEING?)

s. 351 Possession of break-in instruments - s. 351 Possession of break-in instruments - … has … has in his possessionin his possession any instrument suitable for… any instrument suitable for… (ACTION, OMISSION OR STATE OF BEING?)(ACTION, OMISSION OR STATE OF BEING?)

Mens ReaMens Rea

Guilty mindGuilty mind

A deliberate intention to commit a A deliberate intention to commit a wrongful act, with reckless disregard wrongful act, with reckless disregard for the consequencesfor the consequences

*Incapable of Mens Rea*Incapable of Mens Rea

The law considers some to be incapable The law considers some to be incapable ofof

forming the intent necessary to commit aforming the intent necessary to commit a

wrongful action:wrongful action: Those suffering from a mental disorderThose suffering from a mental disorder Minors (under 12)Minors (under 12) Those under the influence of drugs or Those under the influence of drugs or

alcohol to such an extent that they don’t alcohol to such an extent that they don’t understand the nature of their actionsunderstand the nature of their actions

*Mens Rea – Category of Intent*Mens Rea – Category of Intent

Intent: a state of mind in which Intent: a state of mind in which someone desires to carry out a someone desires to carry out a wrongful action, knows what the wrongful action, knows what the results will be, and is reckless results will be, and is reckless regarding the consequencesregarding the consequences

Reckless means knew or should have Reckless means knew or should have foreseen the results of a wrongful actforeseen the results of a wrongful act

Two typesTwo types GeneralGeneral SpecificSpecific

*Mens Rea – General Intent*Mens Rea – General Intent

General intent means a person General intent means a person commits a wrongful act for its owns commits a wrongful act for its owns sake, with no ulterior motive or sake, with no ulterior motive or purposepurpose

Ex. s.251(1)(a) - assault - … applies Ex. s.251(1)(a) - assault - … applies force intentionallyforce intentionally

Ex. Alice walks up to Michael and Ex. Alice walks up to Michael and punches him in the face. Michael’s punches him in the face. Michael’s nose is broken by Alice’s punch. nose is broken by Alice’s punch.

*Mens Rea – Specific Intent*Mens Rea – Specific Intent Specific intent – the desire to commit Specific intent – the desire to commit

one wrongful act for the sake of one wrongful act for the sake of accomplishing anotheraccomplishing another

Ex. s.343(c) – everyone commits Ex. s.343(c) – everyone commits robbery who assaults any person robbery who assaults any person with the intent to steal from himwith the intent to steal from him

(Ex. After punching Michael in the (Ex. After punching Michael in the face, Michelle steals his wallet – need face, Michelle steals his wallet – need not only intent to assault but also not only intent to assault but also intent to steal from him)intent to steal from him)

*Subjective Intent - Knowing*Subjective Intent - Knowing

In some cases, the Crown can show mens In some cases, the Crown can show mens rea, by proving that the rea, by proving that the accusedaccused had had knowledge of certain factsknowledge of certain facts

Ex. s.368(1)(a) - … knowing that a Ex. s.368(1)(a) - … knowing that a document is forged, uses, deal, or acts…document is forged, uses, deal, or acts…

Only have to establish that accused knew Only have to establish that accused knew that the document was forged, not that that the document was forged, not that they had any general or specific intentthey had any general or specific intent

Ex. s.251 – knowingly… sends an Ex. s.251 – knowingly… sends an aircraft… that is not fit…aircraft… that is not fit…

*Objective Intent - Negligence*Objective Intent - Negligence

A person is criminally negligent if A person is criminally negligent if they do or omit to do anything that they do or omit to do anything that shows wanton or reckless disregard shows wanton or reckless disregard for the lives or safety of othersfor the lives or safety of others

Ex. Joe leaves a loaded .22 pistol on Ex. Joe leaves a loaded .22 pistol on the night table beside his bed. One the night table beside his bed. One day his young daughter accidentally day his young daughter accidentally shoots her friend. Joe’s mens rea is shoots her friend. Joe’s mens rea is the “wanton or reckless disregard” the “wanton or reckless disregard” he showed by leaving the pistol outhe showed by leaving the pistol out

NegligenceNegligence

E.g. Samantha runs a daycare centre. E.g. Samantha runs a daycare centre. She lets the children run all over the She lets the children run all over the centre.centre.

Several times children have fallen Several times children have fallen down the stairs. It never occurs to down the stairs. It never occurs to Samantha to buy a proper gate to Samantha to buy a proper gate to keep the children away from the stairs.keep the children away from the stairs.

One day, little Lee falls down the stairs One day, little Lee falls down the stairs and is very seriously injured. and is very seriously injured.

*Objective Intent - *Objective Intent - RecklessnessRecklessness

Recklessness – consciously taking an Recklessness – consciously taking an unjustifiable risk that a reasonable unjustifiable risk that a reasonable person would not takeperson would not take

Ex. Dangerous operation of a motor Ex. Dangerous operation of a motor vehicle would take place if you vehicle would take place if you needed glasses to drive, forgot them, needed glasses to drive, forgot them, drove anyway and caused an drove anyway and caused an accidentaccident

*Subjective Mens Rea – Willful *Subjective Mens Rea – Willful BlindnessBlindness

A deliberate closing of the mind to A deliberate closing of the mind to the possible consequences of one’s the possible consequences of one’s actionsactions

Ex. Possession of Stolen Property – if Ex. Possession of Stolen Property – if you possess property that you you possess property that you acquired in a too good to be true acquired in a too good to be true scenarioscenario

Wilful BlindnessWilful Blindness

E.g. Amanda and Keisha are walking E.g. Amanda and Keisha are walking down the street when they come down the street when they come across some DVD stalls with new across some DVD stalls with new releases.releases.

Keisha notices the DVDs are a lot of Keisha notices the DVDs are a lot of cheaper than in the store. She cheaper than in the store. She wonders if they might be illegal wonders if they might be illegal copies. She decides that she’d rather copies. She decides that she’d rather not know either way.not know either way.

She buys two DVDs for $8. She buys two DVDs for $8.

*Incomplete Crimes*Incomplete Crimes• Criminal Act must be completed for a Criminal Act must be completed for a

crime to exist?crime to exist?• There are exceptions to this rule: There are exceptions to this rule:

Criminal AttemptCriminal Attempt & & Conspiracy.Conspiracy.• Attempt= Attempt= Even if a person is Even if a person is

unsuccessful in the commission of a unsuccessful in the commission of a crime, he/she can still be charged crime, he/she can still be charged with criminal attempt.with criminal attempt.

• Ex:Terrorist caught with with bomb before Ex:Terrorist caught with with bomb before use.use.

Incomplete CrimesIncomplete Crimes

ConspiracyConspiracy = agreement between 2 = agreement between 2 or more people to perform anor more people to perform anillegal act. Even if crime not illegal act. Even if crime not committed, can still be charged. committed, can still be charged. Ex: Bob and Sam plan to murder Sally. Ex: Bob and Sam plan to murder Sally.

Hire an undercover police officer. Hire an undercover police officer. Can’t be charge with murder, BUT can Can’t be charge with murder, BUT can be charged with be charged with conspiracy for planning to kill.conspiracy for planning to kill.

*Involvement in a Crime*Involvement in a Crime

Perpetrator – the person who actually Perpetrator – the person who actually commits the crimecommits the crime

Parties to an offence – those people Parties to an offence – those people who are indirectly involved in who are indirectly involved in committing a crimecommitting a crime

*Aiding*Aiding

A criminal offence that involves A criminal offence that involves helping a perpetrator commit a crimehelping a perpetrator commit a crime

Don’t actually have to be present Don’t actually have to be present when the crime is committedwhen the crime is committed

Ex. Lisa works at a pharmacy and Ex. Lisa works at a pharmacy and gives a pharmacy key to her boyfriendgives a pharmacy key to her boyfriend

*Abetting*Abetting

The crime of encouraging the The crime of encouraging the perpetrator to commit an offence perpetrator to commit an offence without providing physical assistancewithout providing physical assistance

Ex. If Lisa had encouraged her Ex. If Lisa had encouraged her boyfriend to rob the pharmacy, she boyfriend to rob the pharmacy, she could also be charged with abettingcould also be charged with abetting

*Counselling*Counselling A crime that involves advising, A crime that involves advising,

recommending, or persuading another recommending, or persuading another person to commit a criminal offenceperson to commit a criminal offence

Seems very similar to abettingSeems very similar to abetting

Ex. If Lisa had provided advice to her Ex. If Lisa had provided advice to her boyfriend about the best way to steal boyfriend about the best way to steal from the pharmacyfrom the pharmacy

*Accessory After the Fact*Accessory After the Fact

Someone who knowingly receives, Someone who knowingly receives, comforts, or assists a perpetrator in comforts, or assists a perpetrator in escaping from the policeescaping from the police

Ex. Lisa’s boyfriend breaks in, steals Ex. Lisa’s boyfriend breaks in, steals and escapes. Lisa (knowing he and escapes. Lisa (knowing he committed the crime) gives him a committed the crime) gives him a place to hide out from the policeplace to hide out from the police

*Party to Common Intention*Party to Common Intention

The shared responsibility among The shared responsibility among criminals for any additional offences criminals for any additional offences that are committed in the course of that are committed in the course of the crime they originally intended to the crime they originally intended to commitcommit

Ex. if 6 people rob a bank and one of Ex. if 6 people rob a bank and one of the robbers shoots and kills a teller, the robbers shoots and kills a teller, all 6 can be charged with murderall 6 can be charged with murder

CartoonCartoon

Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity

While browsing in a CD store, While browsing in a CD store, Rasheed ran into a friend from his Rasheed ran into a friend from his old school. They decided to get a old school. They decided to get a coffee. As they left the store, coffee. As they left the store, Rasheed forgot that he had a CD he Rasheed forgot that he had a CD he was considering buying under his was considering buying under his arm.arm.


The actus reus for theft is The actus reus for theft is established because Rasheed left the established because Rasheed left the store with the unpaid CD. However, store with the unpaid CD. However, there is no mens rea because there is no mens rea because Rasheed did not intend to steal the Rasheed did not intend to steal the CD. CD.


In line for a concert, a friend asked In line for a concert, a friend asked Chanice to hold her bag while she Chanice to hold her bag while she went to the bathroom. A drug dog went to the bathroom. A drug dog stopped in front of Chanice. The stopped in front of Chanice. The police searched the friend’s bag and police searched the friend’s bag and found a marijuana joint. Chanice was found a marijuana joint. Chanice was charged with possession of a charged with possession of a narcotic.narcotic.


Again the actus reus of possession of Again the actus reus of possession of a narcotic is established but the a narcotic is established but the mens rea may not be. If Chanice mens rea may not be. If Chanice knew the backpack contained drugs, knew the backpack contained drugs, she would have the required “state she would have the required “state of mind”. However, if she did not of mind”. However, if she did not know there were drugs in the know there were drugs in the backpack, there is no mens rea. backpack, there is no mens rea.


Sophie baby-sits the neighbour’s kids Sophie baby-sits the neighbour’s kids everyday after school, sometimes everyday after school, sometimes driving them to soccer in the family car. driving them to soccer in the family car. After dropping them off one day, she After dropping them off one day, she decides to watch their practice. Sophie decides to watch their practice. Sophie leaves the dog in the car for a few leaves the dog in the car for a few hours even though it’s 35 degrees hours even though it’s 35 degrees outside. Before the end of the game, outside. Before the end of the game, someone walks by, notices the someone walks by, notices the distressed dog, and calls the police. distressed dog, and calls the police.

Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity This is an “omission” instead of a This is an “omission” instead of a

“commission” offence. To establish actus reus, “commission” offence. To establish actus reus, Sophie must be found to have either Sophie must be found to have either abandoned the dog in distress, wilfully abandoned the dog in distress, wilfully neglected it thereby causing pain or suffering, neglected it thereby causing pain or suffering, or failed to provide it suitable care [see s. or failed to provide it suitable care [see s. 446(b) or (c)]. Leaving a dog locked in a car 446(b) or (c)]. Leaving a dog locked in a car for several hours in hot weather is enough for several hours in hot weather is enough evidence to establish actus reus for these evidence to establish actus reus for these offences. Intending to leave the dog in the car offences. Intending to leave the dog in the car is enough to satisfy the mens rea requirement is enough to satisfy the mens rea requirement for the offence.for the offence.


Mao was charged with assault after Mao was charged with assault after he lost his temper in a restaurant. He he lost his temper in a restaurant. He felt the bill was unfair. He slammed felt the bill was unfair. He slammed his fist down on the table and a glass his fist down on the table and a glass flew off, hitting a customer at the flew off, hitting a customer at the next table and cutting his cheek just next table and cutting his cheek just below the eye. below the eye.


In order to be guilty of assault, Mao In order to be guilty of assault, Mao would have had to intentionally apply would have had to intentionally apply force to the customer. Because he force to the customer. Because he did not intentionally do so, he does did not intentionally do so, he does not possess the required mens rea. not possess the required mens rea.


Brandon was on his way into the beer Brandon was on his way into the beer store when a woman asked him if he store when a woman asked him if he would mind buying her a six-pack of would mind buying her a six-pack of beer while she stayed outside with beer while she stayed outside with her dog. He said sure and accepted her dog. He said sure and accepted her money. Once in line he thought her money. Once in line he thought that she looked a little young, but that she looked a little young, but bought her the beer anyway. bought her the beer anyway.

Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity Under ss. 30(1) and 30(2) of the Under ss. 30(1) and 30(2) of the

Ontario Liquor Licence Act, it is an Ontario Liquor Licence Act, it is an offence to knowingly sell or supply offence to knowingly sell or supply liquor to a person under 19 years of liquor to a person under 19 years of age or to a person who appears to be age or to a person who appears to be under 19 years of age. In this example, under 19 years of age. In this example, the actus reus of selling liquor to a the actus reus of selling liquor to a minor is established. Regarding mens minor is established. Regarding mens rea, Brandon either knew the woman rea, Brandon either knew the woman appeared to be under 19 or was appeared to be under 19 or was wilfully blind to that effect. wilfully blind to that effect.


It’s Hockey Night in Canada and the Leafs It’s Hockey Night in Canada and the Leafs are playing the Senators. Darcy Tucker of are playing the Senators. Darcy Tucker of the Leafs is looking to get back at Chris Neil the Leafs is looking to get back at Chris Neil of the Senators for a dirty body check in of the Senators for a dirty body check in their last game. After a brief verbal their last game. After a brief verbal exchange, the two players drop their gloves exchange, the two players drop their gloves and start punching each other. When the and start punching each other. When the referee notices Neil’s nose bleeding, he referee notices Neil’s nose bleeding, he stops the fight. Neil is not seriously hurt but stops the fight. Neil is not seriously hurt but he sits out the rest of the period.he sits out the rest of the period.

Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity In this case, Darcy Tucker would have the required In this case, Darcy Tucker would have the required

mens rea because he intended to punch Chris Neil. mens rea because he intended to punch Chris Neil. Despite the existence of mens rea, there are Despite the existence of mens rea, there are circumstances where there is no actus reus in a circumstances where there is no actus reus in a consensual fight. Where a consensual physical consensual fight. Where a consensual physical fight results in no harm or minor harm or where the fight results in no harm or minor harm or where the consensual fight is part of socially valued activity consensual fight is part of socially valued activity such as sports, the act is not illegal. However, such as sports, the act is not illegal. However, there is no consent where a fight that is at first there is no consent where a fight that is at first consensual ends in serious harm. In a sports consensual ends in serious harm. In a sports context, if the fighting goes beyond what is context, if the fighting goes beyond what is normally accepted behaviour, the act can become normally accepted behaviour, the act can become an illegal one. Should people be able to consent to an illegal one. Should people be able to consent to fighting that results in serious harm? What are fighting that results in serious harm? What are

potential problems with this approach?potential problems with this approach?

Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity Carmen comes to work one Tuesday feeling Carmen comes to work one Tuesday feeling

really sick. She’s recovering from a really sick. She’s recovering from a particularly bad flu and, after a few hours at particularly bad flu and, after a few hours at work, she decides she needs to go home work, she decides she needs to go home because she’s really tired. Carmen gets into because she’s really tired. Carmen gets into her car and starts driving but she’s having a her car and starts driving but she’s having a hard time focussing on the road because hard time focussing on the road because she’s so tired. A police officer driving behind she’s so tired. A police officer driving behind her notices she is weaving across driving her notices she is weaving across driving lanes. Just before he stops her Carmen falls lanes. Just before he stops her Carmen falls asleep at the wheel and drives into a ditch. asleep at the wheel and drives into a ditch. Luckily, no one is seriously hurt. Luckily, no one is seriously hurt.

Mens Rea/Actus Reus ActivityMens Rea/Actus Reus Activity A person is guilty of dangerous operation of a motor vehicle A person is guilty of dangerous operation of a motor vehicle

under s. 249 where she or he operates a motor vehicle in a way under s. 249 where she or he operates a motor vehicle in a way that is dangerous to the public having regard to all the that is dangerous to the public having regard to all the circumstances including road conditions and traffic. In this case, circumstances including road conditions and traffic. In this case, Carmen’s driving satisfies the actus reus requirement because Carmen’s driving satisfies the actus reus requirement because she is weaving across lanes, falls asleep and drives into a ditch. she is weaving across lanes, falls asleep and drives into a ditch. There is also evidence to establish mens rea because, even if There is also evidence to establish mens rea because, even if she did not intend to drive dangerously, a reasonable person in she did not intend to drive dangerously, a reasonable person in Carmen’s shoes would have known that driving while that tired Carmen’s shoes would have known that driving while that tired posed a risk to the lives and safety of others. Negligence posed a risk to the lives and safety of others. Negligence satisfies the mental element for the offence of dangerous driving satisfies the mental element for the offence of dangerous driving and does not require proof of intention. What are some and does not require proof of intention. What are some arguments for why it shouldn’t matter whether or not Carmen arguments for why it shouldn’t matter whether or not Carmen intended to drive dangerously? What about if Carmen had been intended to drive dangerously? What about if Carmen had been drinking before she got in the car? drinking before she got in the car?

Chapter 8 – Crime and Criminal Law Unit 3 – Criminal Law

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