Essential Elements of a Crime

Question 1

What is the definition for Specific Intent?

Answer 1

You not only desire to do the act, but you desire to bring about a specific result

Question 2

How many specific intent crimes are there? Name them.

Answer 2

11: 
Solicitation
Conspiracy 
Attempt
Assault
First degree premeditated murder
Larceny
Burglary
Embezzlement 
False pretences 
Robbery 
Forgery

Question 3

What two defences are available only for specific intent crimes?

Answer 3

Voluntary intoxication; and

Reasonable mistake of fact

Question 4

What is the definition of malice?

Answer 4

The defendant acts intentionally or with reckless disregard to the risk

Question 5

Which crimes require malice for their mens rea?

Answer 5

Arson; and

Murder

Question 6

What is the definition for General Intent?

Answer 6

You only need to be aware of the factors constituting the crime. You need not intend the specific result

Question 7

Which crimes require a MR of general intent? (hint: there are 4)

Answer 7

Battery
Forcible rape
False imprisonment
Kidnapping

Question 8

When can the jury infer the mens rea simply from a defendant doing the act?

Answer 8

When the defendant has the MR of general intent

Question 9

What is the definition of strict liability?

Answer 9

Proof of the act alone is sufficient to establish the offence.

Question 10

Under the Modern Penal Code, what is the definition for the Mens Rea of “Purpose”?

Answer 10

You act purposefully when you have a conscious desire to achieve a particular result

It is a subjective test

Question 11

Under the Modern Penal Code, how is “Knowledge” defined?

Answer 11

A person acts knowingly when he is aware of what he is doing, meaning the defendant is particularly certain that their conduct will cause the result

Question 12

Under the Modern Penal Code, what is the definition of Recklessness?

Answer 12

A person acts recklessly when he is aware of a substantial and unjustifiable risk and consciously disregards such a risk

Question 13

Under the Modern Penal Code, how is Negligence defined?

Answer 13

The defendant acts negligently when he/she should have been aware of a substantial and unjustifiable risk

Question 14

If a statute does not include a state of mind requirement, what is the minimum mental state required by a defendant in order to commit the offence?

Answer 14

The defendant must act recklessly with regard to the material elements of the offence

Question 15

What are the four elements of a crime that the prosecution is required to prove?

Answer 15

1. Actus Reus
2. Mens Rea
3. Concurrence
4. Causation (factual and proximate)

Question 16

In order to commit the AR of an offence by omission, what 3 elements are required?

Answer 16

1. You need a legal duty to act
2. You need knowledge of the facts that give rise to the duty
3. You need the ability to help

Question 17

What is the burden of proof for criminal law?

Answer 17

The prosecution must prove each element of the crime beyond reasonable doubt

Question 18

What is actual/factual causation?

Answer 18

The defendant is the cause in fact of the harm if the result would not have happened BUT FOR their actions

Question 19

What is the “year and a day rule”?

Answer 19

Under factual causation, even if the defendant causes the death, they will not be liable if a year and a day has passed since their act

Question 20

What is proximate causation?

Answer 20

A defendant is the proximate cause if the bad result is a NATURAL and PROBABLE consequence of their conduct

Question 21

What are the two special applications of proximate causation?

Answer 21

1. Intervening act: a defendant will not be the proximate cause of the harm if an unforeseeable intervening event caused the end result
2. Egg shell skull principle: meaning you take your victim as you find them

Question 22

What is the concurrence principle? And for which two offences does the special concurrence rule apply?

Answer 22

The concurrence rule means that the defendant must have the requisite mental state at the same time as he performs the act.

But an exception applies to the crimes of larceny and burglary