Lesson Plan 5: Mens Rea Flashcards
What is Mens Rea (Guilty Mind)?
Just an act doesn’t make a person guilty, a person’s MIND is also guilty.
Mens Rea is an intent to perform the Actus Reus, including the intention to cause the consequences.
What happens if Mens Rea cannot be approved?
The accused MUST be acquitted.
What must the Crown establish BARD for a guilty charge?
- Date, jurisdiction, identity of the accused
- Actus Reus (including causation)
- Mens Rea
What is evidence that can be used to find Mens Rea?
- what the accused said about their mental state at the time of the offence
- a confession/admission
- inferences from circumstantial evidence (ex: running away from crime scene)
What are the 3 levels of Mens Rea (from highest to lowest)?
- True Knowledge
- Willful Blindness
- Recklessness
True Knowledge?
Intention - greatest intentionality to commit
will ALWAYS prove Mens Rea
Willful Blindness?
When an accused is aware of certain circumstances at play, and knows they need to ask, but chooses not to in order to remain innocent.
Recklessness?
- actual subjective awareness of a risk
- proceeding regardless
CONSEQUENCE BASED OFFENCE, NOT KNOWLEDGE-BASED OFFENCES
Step-by-Step Approach to Determining Mens Rea?
- determine if offence is knowledge-based or consequence-based
- do other routes of MR exist in the circumstances of the case?
(ie: willful blindness? recklessness?)
What words in a provision/section indicate Willful Blindness?
Knowingly/Know
2 Types of Mens Rea Offences?
- General Intent Offence
- Specific Intent Offence
General Intent Offences?
A basic intention to commit the act (AR).
Specific Intent Offences?
Intention to commit the act (AR) for an ulterior motive.
Examples of General Intent Offences?
Arson, Aggravated Assault, Sexual Assault, Incest, Manslaughter, etc.
Examples of Specific Intent Offences?
Aiding and Abetting, Attempted Murder, Murder, Possession of Stolen Property, Robbery, Theft, etc.
