Montmartre Collab ppt 3
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Montmartre Collab ppt 3 Presentation Transcript

  • 1. Elements of a Criminal Offence
  • 2. Elements of a criminal offence
    Actus Reus– “wrongful deed”
    Mens Rea– “guilty mind”
  • 3. R. v. Parks (1992)
    Kenneth Parks kills in-laws.
    He then confesses, claims that he was not in control of his actions (heavy sleepwalker)
    Defence claimed automatism (Parker was not in control of his actions, therefore mens rea was not present at the time of the offence.
  • 4. Intention
    Intent: the state of the mind of a person who commits an action deliberately and on purpose.
  • 5. Intent or not?
    Brie-Ann tries on a wicked
    pair of shoes on at Foot
    Locker. She is worried
    that she’ll be late for her
    Law class and walks out
    of the store while wearing
    the shoes, having yet to pay for them.
  • 6. Intent or not?
    Mr. Wolf is having a
    relaxing Friday night.
    A friend wants to watch
    “Monster vs. Aliens” and
    yells, “CAN WE WATCH
    THE MONSTER MOVIE!?!”
    This triggers something in the
    back of Mr. Wolf’s mind. He
    gets angry and kills his friend.
  • 7. Criminal State of Mind
    Mark steals something from a store. He rushes out of the store, bumping into and seriously injuring someone. Even though he didn’t intend to cause harm to that person, he can be charged with assault in that he had a criminal state of mind.
  • 8. Willful Blindness
    Willful blindness– The act of deliberately choosing to ignore certain facts or information.
    “Turning a blind eye”
  • 9. Willful Blindness
    Example- Jamison is offered $100 to deliver a package to a known drug dealer. He does not ask what is in the package, instead turning a blind eye.
    Jamison would be convicted of drug trafficking, as an average person would ask questions regarding the contents of the case.
  • 10. Recklessness
    Recklessness– a state of acting carelessly without regard for the consequences of one’s actions.
  • 11. Recklessness
    Example: A person who knows they have AIDS having unprotected sex without informing the other person of their medical condition.
    This person could be charged with assault, attempted murder, or even murder.
  • 12. Recklessness
    The careless disregard for the results of this action would be the mens rea.
    The offence was committed with both knowledge and recklessness.
  • 13. Criminal Negligence
    Criminal Negligence– Indulgent and reckless disregard for the lives and safety of other people.
  • 14. Criminal Negligence
    While working at Dairy Queen, Aimee is behind on her Chemistry homework and decides to conduct an experiment while on shift in the kitchen. Half an hour later, a customer dies of food poisoning
    Aimee would be charged with manslaughter.
  • 15. Did You Know?
    If a husband sets fire as part of an insurance fraud scheme, and does not know that his wide was in the building, he would still be guilty of first-degree murder because he was committing an indictable offence at the time.