Chapter 4 Flashcards
Mens Rea
Mental elements contained within the definitions of an offence
Subjective mens rea
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
Objective mens rea
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
Fraudulently
When the accused intentionally takes property, under no mistake, with knowledge that it belongs to someone else
Planned and deliberate
Accused acts on a formed plan and is not impulsive
Bona fide
To act in good faith
Partial defence
Defence intended to reduce the severity of the charge instead of being acquitted
Specific intent
The actus reus in combination with intent or purpose
Direct intention
Intention in the sense on an individual acting with desire, aim, or purpose in achieving a certain consequence
Indirect intention
Accused person does not desire to bring about consequences but is considered to have intended them
Motive
Reason or explanation for a person’s conduct
Constitutional exemption
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
Trier of fact
Party responsible for deciding the facts in a trial
Transferred intent
When the actus reus is intended for one victim but affects a different victim, the mens rea is transferred to the latter offence
Murder
Homicide by a person who intends to kill their victim or foresees that their conduct is likely to cause death
Willful blindness (deliberate ignorance)
Form of mens rea when an accused person is certain that particular circumstance exist but “shut their eyes” to these circumstances
What is the key concept of subjective mens rea?
Deliberation
What is the key concept of objective mens rea?
When a person has the CAPACITY to live up to the standards of a reasonable person but fails to do so
What does fraudulence require?
swindling or trickery
What must the Crown prove in order to prove theft
The accused intended to deprive the victim either temporarily or permanently
What are the essential elements of fraud?
Dishonesty and deprivation or risk of deprivation
Actus reus of fraud
- dishonest deprivation
- an act of deceit, fraud, or use of “other fraudulent means”
- proof of detriment, harm or risk of harm to an individual’s economic interest
Mens rea of fraud
- accused intentionally committed acts that constitute fraud or deceit
- accused was under no mistake to the relevant circumstances
- accused was subjectively aware that deprivation could result from conduct
- Accused’s belief of the honesty of the conduct is irrelevant
What does NCRMD stand for?
Not criminally responsible on account of mental disorder
What are the basic forms of subjective mens rea?
- intention
- knowledge
- recklessness
- willfull blindness
