6. Elements of Crime

Question 1

What are the essential elements of a crime?

Answer 1

1) Actus reus
- Guilty physical act by Defendant

2) Mens rea
- Guilty state of mind/intent of Defendant at time of his act

3) Concurrence
- Physical act + Mental state existed at same time

4) Causation + Harmful result
- By Defendant’s act (factually + proximately)

Question 2

What is an example of physical act?

Answer 2

Bodily movement

Speech

• Perjury/Solicitation
• NOT thought

Question 3

What is required for physical act?

Answer 3

Voluntary act

• Conscious exercise of the will
• Knowledge of potentially falling asleep/becoming unconscious + engaging in dangerous behaviour

Failure to act

1) Legal duty to act
- Statute/Contract
- Relationship (Spouse/Child)
- Voluntary assumption of care (leaving victim in worse position than before)
- Creation of peril
2) D knew/should have known facts would give rise to duty
3) Reasonably possible to perform duty
- Defendant to perform duty
- Defendant to obtain help of others to perform duty

Question 4

What type of crimes require specific intent under common law?

Answer 4

Solicitation
Conspiracy
Attempt

First degree premeditated murder
Assault

Larceny
Robbery
False pretenses
Embezzlement
Burglary
Forgery

Question 5

How may specific intent be determined?

Answer 5

By manner in which act was done => Provide circumstantial evidence of intent

Question 6

What type of crimes require general intent under common law?

Answer 6

Battery
Rape
Kidnapping
False imprisonment

Question 7

How may general intent be determined?

Answer 7

By awareness of factors constituting crime

- NO certainty required

Question 8

What type of crimes require malice under common law?

Answer 8

Murder

Arson

Question 9

How may malice be determined?

Answer 9

Reckless disregard of obvious/high risk that particular harmful result will occur

Question 10

What is difference between specific intent and malice/strict liability crime?

Answer 10

Specific intent
- Specific intent defence can negate intent

Malice/Strict liability crime
- Specific intent defence can NOT negate intent

Question 11

How may strict liability crimes be determined?

Answer 11

NO intent/awareness

- Statutes may not state mens rea (but courts may interpret statute as requiring mens rea anyway)

Question 12

What are the types of strict liability crimes under common law?

Answer 12

Statutory rape

Selling liquor to minors

Bigamy

Question 13

What is the difference between common law and Model Penal Code regarding mental state?

Answer 13

Common law
- Specific vs general intent

MPC
- NO specific vs general intent

Question 14

What is required for defendant to purposely commit crime under MPC?

Answer 14

Conscious object to engage in certain conduct/cause certain result (subjective)

Question 15

What is required for defendant to knowingly commit crime under MPC?

Answer 15

Aware that his conduct is of that nature/that certain circumstances exist (subjective)
- Deemed aware of high likelihood of results and deliberately avoids learning the truth (wilful conduct)

Question 16

What is required for defendant to recklessly commit crime under MPC?

Answer 16

Consciously disregards substantial and unjustifiable risk

• Gross deviation from reasonable standard of care
• Wanton conduct

Question 17

What is required for defendant to negligently commit crime under MPC?

Answer 17

Fails to be aware of substantial and unjustifiable risk

- Substantial deviation from reasonable standard of care

Question 18

What is transferred intent? When does it apply?

Answer 18

If D intended harmful result to particular person BUT caused harmful result to another person => D’s intent transferred from intended person to harmed person

1) D guilty of crime vs harmed person
2) D guilty of attempt vs intended person

If D could use defence vs intended person => D can use same defence vs harmed person

Question 19

Which crimes does transferred intent apply to?

Answer 19

Homicide
Battery
Arson

Question 20

Which crimes does transferred intent not apply to?

Answer 20

Attempt

Question 21

What is required for causation?

Answer 21

1) Concurrence
- D had intent to commit act at time of acting

2) Actual causation
- But for

3) Proximate
- No superseding causes sufficient to break chain of causation

Question 22

What is not physical conduct?

Answer 22

Reflexes

Bodily movements during unconsciousness/sleep

Actions during hypnosis

Conduct that is not product of Defendant’s determination/effort

UNLESS D aware of conditions + fail to take reasonable steps to avoid actions