Chapter 4

Question 1

Mens Rea

Answer 1

Mental elements contained within the definitions of an offence

Question 2

Subjective mens rea

Answer 2

Accused may not be convicted unless they intended the consequences prohibited by law or realized that their conduct may result in prohibited consequences and continue their conduct

Question 3

Objective mens rea

Answer 3

Principle that a reasonable person in the same circumstances and same knowledge as the accused acknowledged that their conduct may result in prohibited consequences and took action to avoid doing so

Question 4

Fraudulently

Answer 4

When the accused intentionally takes property, under no mistake, with knowledge that it belongs to someone else

Question 5

Planned and deliberate

Answer 5

Accused acts on a formed plan and is not impulsive

Question 6

Bona fide

Answer 6

To act in good faith

Question 7

Partial defence

Answer 7

Defence intended to reduce the severity of the charge instead of being acquitted

Question 8

Specific intent

Answer 8

The actus reus in combination with intent or purpose

Question 9

Direct intention

Answer 9

Intention in the sense on an individual acting with desire, aim, or purpose in achieving a certain consequence

Question 10

Indirect intention

Answer 10

Accused person does not desire to bring about consequences but is considered to have intended them

Question 11

Motive

Answer 11

Reason or explanation for a person’s conduct

Question 12

Constitutional exemption

Answer 12

Instead of stating that a rule of the Criminal Code is invalid, a court may rule that it is unconstitutional when applied to an individual in exceptional circumstances

Question 13

Trier of fact

Answer 13

Party responsible for deciding the facts in a trial

Question 14

Transferred intent

Answer 14

When the actus reus is intended for one victim but affects a different victim, the mens rea is transferred to the latter offence

Question 15

Murder

Answer 15

Homicide by a person who intends to kill their victim or foresees that their conduct is likely to cause death

Question 16

Willful blindness (deliberate ignorance)

Answer 16

Form of mens rea when an accused person is certain that particular circumstance exist but “shut their eyes” to these circumstances

Question 17

What is the key concept of subjective mens rea?

Answer 17

Deliberation

Question 18

What is the key concept of objective mens rea?

Answer 18

When a person has the CAPACITY to live up to the standards of a reasonable person but fails to do so

Question 19

What does fraudulence require?

Answer 19

swindling or trickery

Question 20

What must the Crown prove in order to prove theft

Answer 20

The accused intended to deprive the victim either temporarily or permanently

Question 21

What are the essential elements of fraud?

Answer 21

Dishonesty and deprivation or risk of deprivation

Question 22

Actus reus of fraud

Answer 22

1. dishonest deprivation
2. an act of deceit, fraud, or use of “other fraudulent means”
3. proof of detriment, harm or risk of harm to an individual’s economic interest

Question 23

Mens rea of fraud

Answer 23

1. accused intentionally committed acts that constitute fraud or deceit
2. accused was under no mistake to the relevant circumstances
3. accused was subjectively aware that deprivation could result from conduct
4. Accused’s belief of the honesty of the conduct is irrelevant

Question 24

What does NCRMD stand for?

Answer 24

Not criminally responsible on account of mental disorder

Question 25

What are the basic forms of subjective mens rea?

Answer 25

1. intention
2. knowledge
3. recklessness
4. willfull blindness