Identify the Actus Reusand the Mens Rea of each offence from the criminal code listed below.
79 Everyone who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.
Actus Reus:
Mens Rea:
81 (1) Everyone commits an offence who
a. does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property
Actus Reus:
Mens Rea:
140 Everyone commits public mischief who, with intent to mislead causes a peace officer to enter on or continue an investigation by
a. Making a false statement that accuses some other person of committing an offence
b. Doing anything intended to cause some other person to be suspected of having committed an offence to divert suspicion from himself
c. Reporting that an offence has been committed when it has not
Actus Reus
Mens Rea
148 Everyone who knowingly and willfully assists a prisoner of war in Canada to escape from a place where he is detained is guilty of an indictable offence
Actus Reus
Mens Rea
222 A person commits culpable homicide when he causes the death of a human being by
a)By means of an unlawful act
b)By criminal negligence
c)By causing that human being, by threats or fear of violence or by deception, to do anything that causes his death, or
d)By willfully frightening that human being, in the case of a child or sick person
Actus Reus
Mens Rea
252 Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
a)Another person
b)A vehicle, vessel or aircraft, or
c)In the case of a vehicle, cattle in the charge of another person,
And with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
Actus Reus
Mens Rea
What is the mens rea and the actus reus in the following situations?
A six-year-old boy was pretending to be a cowboy, using his father’s pistol. He loaded the pistol, as he had seen his father do and then he shot his brother.
AR
MR
A young woman left a party completely “stoned” from smoking marijuana. She got into her car and on the way home, drove off the road, killing two pedestrians who had been walking on the shoulder of the road.
AR
MR
A high-school student had been accustomed to borrowing his father’s car with permission. On an evening when his father was out, he wanted the car for a date and took it without authorization. His father, on returning home, discovered the car was gone. The father phoned the police and reported the vehicle stolen.
AR
MR
While in the boys’ washroom at school, a 13 year old boy set fire to a roll of hand towels. As a consequence of his actions, serious fire and smoke damage occurred to the school.
AR
MR
A women left her two year old child at home alone for three hours while she went Christmas shopping
AR
MR
A teenager waited in the car for his friend who was inside robbing a jewelry store
AR
MR
A man gets a call from his friend informing him that he should sell his stock today as a major merger and acquisition will be taking place tomorrow that could negatively impact his investment. He stands to lose a lot of money if this occurs.
AR
MR
The Smith’s do not report the income they receive from renting out their property on their annual tax return
AR
MR
An avid hunter does not properly store his rifle after coming home from a day of hunting and someone breaks in to his house and steals it.
AR
MR