THE EQUATION For a conviction, the Crown must prove beyond a
reasonable doubt the following A prohibited act ACTUS REUS Criminal
intent - MENS REA
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ACTUS REUS Within the Criminal Code set by Parliament The act
OR omission to act Deemed sufficiently harmful to warrant state
intervention
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ACTUS REUS CONT EASY EXAMPLE: s. 222(1) a person commits
homicide when, directly or indirectly, by any means, he causes the
death of a human being. Whats the Actus Reus??
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ACTUS REUS CONT DIFFICULT EXAMPLE: s. 90(1) Every person
commits an offence who carries a weaponconcealed, unless the person
is authorized under the Firearms Act to carry it concealed. Whats
the Actus Reus??
http://www.youtube.com/watch?v=L6oEwEtvYt8&feature=relmfu
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ACTUS REUS CONT What questions must we determine when
interpreting this specific law??? What are the answers and where
can we find them??
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MENS REA Mental element that accompanies actus reus Actus non
facit reum nisi mens sit rea an act does not become guilty unless
the mind is guilty Guilty mind In the Criminal Code both literally
& contextually
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WAYS TO HAVE MENS REA General & Specific Intent Intent,
Motive & Doctrine of Transferred Intent Knowledge Recklessness
Wilful Blindness
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GENERAL & SPECIFIC INTENT GENERAL INTENT most crimes
require this, simply the concept that you meant to commit the
crime. If I throw a rock at my neighbors head and it hits her,
whats required for general intent? SPECIFIC INTENT intent in
addition to general for a specific purpose How can we change the
previous example to create a Specific Intent situation?
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INTENT, MOTIVE, DOCTRINE OF TRANSFERRED INTENT Intent &
Motive are NOT the same Use Robert Latimer as an example
Transferred intentmy buddies idiot brother
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KNOWLEDGE Usually present in the Criminal Code wording s.251
(1) Everyone who knowingly (b) sends an aircraft on a flight or
operates an aircraft that is not fit and safe for flight is guilty
of an indictable offence
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RECKLESSNESS Extremely careless or heedless of apparent danger
Must show that the accused was aware of the danger involved The Ron
Artest Elbow http://www.youtube.com/watch?v=86pxEMPfKII
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WILFUL BLINDNESS Alike to recklessness but more complex When
someone suspects a harmful or criminal outcome but prefers not to
ask the questions that would confirm their suspicions. R. v.
Blondin [Drug Smuggling]
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WHEN YOU MENS REA ISNT REQUIRED Regulatory offences (Traffic
Violations, Pollution Offences) Crown now needs only prove absolute
or strict liability
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ABSOLUTE LIABILITY Legal Formalism at its best!!! Most commonly
used for speeding offences Mens Rea 100% irrelevant Was only sort
of liability until 1978 Supreme Court of Canada deemed it unfair in
certain situationsenter strict liability
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STRICT LIABILITY Guilt based on actus reus AND inability to
prove DUE DILIGENCE DUE DILIGENCE attempt to take all reasonable
care possible to avoid the guilty act Very common in environmental
& construction cases
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Must do everything possible to ensure a crime doesnt take
place
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MENS REA QUIZ Company X commits a guilty act and the Crown can
prove it. What is required of the Crown to convict them in this
case if it fell under: Regular Mens Rea Absolute Liability Strict
Liability -
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PRACTICAL APPLICATION Pg. 251 in your textbooks Due Diligence
and Environmental Contamination
