I. The Elements of Criminal Offences
Author | Kent Roach |
Profession | Faculty of Law and Centre of Criminology. University of Toronto |
Pages | 9-9 |
Page 9
The basic elements of a criminal offence are the act or omission that is prohibited by the legislation, or the actus reus, and the fault element, or mens rea, with which the accused must commit the prohibited act or omission. The Crown must prove beyond a reasonable doubt that the accused committed the prohibited act, and did so with the required fault element. There is also a general requirement that the accused have the necessary fault or mens rea at the same time as the prohibited act or actus reus occurred. For murder, the Crown would have to prove that the accused committed the prohibited act of causing another person’s death, and at the same time had the fault element of knowing that the victim’s death was likely to occur. It is possible that the accused could commit a criminal act without the required fault, and in such a case, the accused would not be convicted.
The Crown must, subject to exceptions justified under section 1 of the Charter, also prove beyond a reasonable doubt that the accused did not have a relevant defence. An...
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Request your trial- Irwin Law: Criminal Law (Fifth Edition)
- Chapter 1 - Overview
- Overview
- A. Crime in Canada
- B. The Criminal Process
- C. Sources of Criminal Law
- D. Criminal Offences
- E. Regulatory Offences
- F. The Criminal Law and the Constitution
- G. Substantive Fairness
- H. Procedural Fairness
- I. The Elements of Criminal Offences
- J. The Prohibited Act, or Actus Reus
- K. Attempts and Other Unfulfilled Crimes
- L. Participation in Crimes
- M. The Fault Element, or Mens Rea
- N. Regulatory Offences and Corporate Crime
- O. Defences
- P. The Special Part: Some Selected Offences
- Q. Sentencing
- Conclusion
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