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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