Legal Ingredients of a CrimeLegal Ingredients of a Crime Several elements must occur for an act to Several elements must occur for an act to

qualify as a crime:qualify as a crime: The law must define the act or behaviour as The law must define the act or behaviour as

criminal.criminal. In order for the state to prove that a crime In order for the state to prove that a crime

occurred and the accused is responsible, the occurred and the accused is responsible, the prosecution must show that the accused prosecution must show that the accused engaged in the guilty act (engaged in the guilty act (actus reasactus reas) and had ) and had the intent (the intent (mens reamens rea) to commit the act.) to commit the act.

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Actus ReusActus Reus

The law is interested only in an act (actus) The law is interested only in an act (actus) that is guilty, evil and prohibited (reus).that is guilty, evil and prohibited (reus).

There must be a conscious interaction There must be a conscious interaction between mind and body before it can be between mind and body before it can be considered an act.considered an act.

©2012 McGraw-Hill Ryerson Ltd. LO4

Mens ReaMens Rea Every crime, according to Every crime, according to

legal tradition, requires mens legal tradition, requires mens rea “a guilty mind”.rea “a guilty mind”.

To be convicted of a criminal To be convicted of a criminal offence, it must be proven offence, it must be proven that the accused carried out that the accused carried out the act intentionally, the act intentionally, knowingly and willingly.knowingly and willingly.

The posting of “pooper-scooper” regulations has The posting of “pooper-scooper” regulations has had its effect. Many city residents consider the had its effect. Many city residents consider the failure to “pick up” to be a sign of disrespect and a failure to “pick up” to be a sign of disrespect and a violation of custom.violation of custom.

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Indictable and Summary Indictable and Summary OffencesOffences

Indictable offencesIndictable offences – more serious of the – more serious of the two.two. Absolute indictable, Electable indictable and Absolute indictable, Electable indictable and

No Electable Choice indictable offences.No Electable Choice indictable offences. Summary offencesSummary offences are considered to be are considered to be

minor – result in fines, shorter jail terms or minor – result in fines, shorter jail terms or both.both.

©2012 McGraw-Hill Ryerson Ltd. LO4