the elements of a crime to convict some one of a crime the crown must prove that two elements...
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The Elements of a Crime
To convict some one of a crime the crown must prove that two elements existed
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The Elements of a Crime
Actus Reas:
The Guilty Action
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The Elements of a Crime
Mens Rea
The Guilty Mind or
Intention
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Action + Intent+ Crime
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In proving the accused is guilty the Crown must prove that the accused committed the action
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In proving mens rea the crown must prove that the accused had the intent to commit the offence,
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MENS REA
Intent: the person meant to do something wrong, was reckless of the consequences,
CCC uses words such as wilfully or intentionally
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There are 2 Types of Intent
General Intent: Commit the crime for the crimes sake : committed assault as the accused was angry
General Intent Crimes are easier to prove
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There are 2 Types of Intent
Specific Intent: Committed the crime for another person: committed assault to aid with robbery
If the crown wants to charge the accused with a crime of specific intent they must prove Actus Reus and Mens Rea for all charges
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Motive
Is the reason someone may have to commit a crime. Intent is not Motive
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Knowledge
Is an awareness of certain facts that can be used to establish mens rea.
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Criminal Negligence
A reckless disregard for the lives and safety of others, sometimes causing serious injury or death
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Criminal Negligence
Section 219 (1) of the Canadian Criminal Code
Every one is criminally negligent who
in doing anything, or
in omitting to do anything that it is his duty to do ,
shows wanton or reckless disregard for the lives and safety of others
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Recklessness
consciously taking an unjustifiable risk that a reasonable person would not take.
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Wilful Blindness
a deliberate closing of one’s mind to the possible consequences of one’s actions.
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Liability Offences
Usually deal with regulatory offences
Liability Offences do not require MENS REA
There are two types
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Strict Liability Offences
Only defence available is “due diligence. Basically something bad happened and you took every reasonable precaution to avoid the bad thing.
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Absolute Liability Defences Once crown
establishes the offence took place and the accused is responsible they are guilty. Accused cannot be jailed for these offences only fines. Usually traffic law related.