Investigative Law-Chapter 2

Actus Reus

(If you still somehow dont know this im going to slap you from behind your screen) The physical/guilty act of a crime

Mens Rea

(Pls tell me you know this) The intent behind a crime, otherwise known as the “guilty mind”

The Four C’s of Actus Reus

Conduct

Circumstances

Consequences

Causation

Conduct

Conduct must be voluntary- the accused must be effectively in control of their behavior. Involuntary conduct will not give rise to criminal liability

Circumstances

Conduct must occur in specific circumstances, otherwise it is not criminal

Consequences

The result of an act or omission

Causation

Determines whether the actions of the accused were significant, or lead directly to the victim’s death

Culpable

You can be held to account

Non culpable

You can be excused

The two categories of Mens Rea

Subjective and Objective

Subjective Mens Rea

What the accused intended, knew, was aware of, or foresaw

Objective Mens Rea

This is determined by asking what a reasonable person in the circumstance would have known or foreseen

Intent

Willfully, intentionally committing an act

Knowledge

The accused must have knowledge or awareness of certain circumstances or probable outcomes

Recklessness

The accused foresaw the potential harmful consequence of their actions, but chose to do them anyway.

General Intent

A level of mens rea where the accused did not intend to commit the offence or cause certain results, but still acted in a way that resulted in the offence occuring

Specific Intent

A level of mens rea where the accused meant to commit the offence or cause the harm that resulted

Penal Negligence Offences

Activities that are not criminally wrongful in and of themselves but may become so when undertaken in a dangerous or careless manner. Often, these activities are licensed or otherwise regulated

Penal negligence

A marked departure from the standard

Principle of Concurrence

Both mens rea and actus reus must be present at the same time for a crime

Lesser and Included Offences

An offence that has some, but not all of the elements of the offence with which the accused is charged

Regulatory offences

Offences that are not true criminal offences, but serve instead to regulate activities that are not in and of themselves wrongful in order to protect public safety. Often created by provincial or federal statutes, and municipal bylaws.

Strict Liability offences

An offence that depends for conviction only on proof of the physical element of the evidence. Offers more capability to defend in court

Absolute Liability offences

An offence that only requires the actus reus without the men’s rea needed. There is little to no defense available in court

Parties to an Offence

Those who are responsible for participating in a crime

Aiding

Doing something or omitting to do something to assist the crime in any way

Abetting

Encouraging the individual to commit the crime in any way

Common Intention

S 21(2) Where two or more persons form an intention in common to carry out an unlawful purpose

Counselling an Offence

Recommending, Soliciting, or procuring for an individual to be the party to an offence

Accessory After The Fact

Assists the accused after the crime has already been committed

Inchoate Offences

Incomplete offences, or offences that were attempted and not fully carried out

Conspiracy

Agreement by two or more persons to commit an unlawful act, regardless of whether it is actually committed or not