CLU3M – Criminal Law Mr. Andrez
Elements of a Crime:
In order for a person to be convicted of a crime, the ______must prove that ______existed at the time that the offence was committed.
______+ ______= ______
Actus Reus: “______.” As defined in ______
§ This can be an ______, or an ______or a ______.
§ Must be shown that the person committed an act ______by ______.
§ Failure to do something (example: for parents to withhold the necessities of life for their children)
Mens Rea – “______”
l Mens rea is the technical term for the blameworthy ______of ______that must be proven beyond a ______doubt by the ______.
1. ______– the true ______of the act. Carrying out a criminal act while being aware what the results will be and ignoring the ______.
Example: bringing a weapon to a robbery
l ______- intent is limited to the act itself. Committing a wrongful act with no ______.
Example: hitting someone because you are angry
l ______- when the person committing the offence has a further criminal ______. Committing a wrongful act in order to ______another.
Example: hitting someone because you want to steal something from him.
l The law considers some people incapable of forming intent: i.e.
l ______,
l ______,
l ______
2. ______- knowledge of ______– prove mens rea
l ______- reason for committing an offence
l Not the same as intent
l Does not establish guilt of the accused
l Can be used as circumstantial (indirect) evidence
3. ______- ______disregard for the possible result of an ______.
l People don’t intend to harm others however they understand the ______of their actions and proceed anyway.
Example: taking prescription drugs that you know make you drowsy and then operating a motor vehicle
4. ______- doing something or ______to do something with “______disregard for the lives or ______of other persons”
Example: throwing a beer bottle out of a moving vehicle and injuring someone
5. ______ - turning a ______eye to the ______of your action
Example: buying stolen property that you should know has been stolen
Offences without a Mens Rea Continued
l Usually violations of federal or provincial regulations passed to protect the public (i.e. speeding)
l ______offences
l Carry less ______.
l Don’t carry ______associated with criminal convictions
l 2 Types
1. Strict Liability Offences
2. Absolute Liability offences
1. Strict liability offences:
l The liability is said to be strict because the ______will be convicted even though they were genuinely ______of one or more factors that made their acts ______– no need to prove mens rea
Example: Strict liability offenses include failure to remain, driving while suspended, driving without insurance, failure to wear a seatbelt or careless driving
l Therefore it is only necessary to prove the offence was committed
l ______: defense used by the defendant (took care not to commit the offence or honestly believed in a mistaken set of facts)
2. Absolute liability offences:
l ______need only prove actus reus
l no possible defence (no act was taken to prevent)
l if the person committed actus reus, he or she is ______, no matter what ______were taken to avoid committing the offence (can’t use due diligence)
l law does not specify which ______offences are strict liability or absolute
Example: Absolute liability offenses include speeding, yielding to traffic and failure to stop at a red light
l prison term for an absolute liability is ______.
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