The Need for Criminal Law

Offers us order and predictability

Provides a value framework within which to live
Focuses on prevention and penalty rather than
compensation
Protects people and their property

The Elements of a Crime

You must prove that 2 elements existed at the time of
the offence. The Crown Attorney must prove them
beyond a reasonQble doubt.
1) Actus Reus
2)Mens Rea

Actus Reus
Latin for Guilty Act or beed
It involves the physical conduct of the accused
Must prove they physically committed the prohibited
action
E.g. murder, assault

Mens Rea
Latin for Guilty Mind
Focuses on the mental state of the accused at the time
of the offence
E.g. Planned, deliberate, intentional
*These two elements must exist at the same time!

Hybrid Offences
-

Can be either Summary or Indictable

Charged Indictably until court appearance, then
they will decide
Eg. Hybrid Offence includes:
theft> $5000 Indictable
theft<$5000 Summary

How do they determine whether it is summary or

indictable?
st
Background, 1
offence, severity of crime,
circumstances, etc.

Mens Rea Contd

Knowledge
Knowing certain facts can also provide the necessary mens rea.
E.g. knowingly using a revoked credit card (indictable offence)

Motive
The reason for committing an offence
Does not establish guilt

Recklessness
The careless disregard for the possible results of an action
May not intend to hurt but know the consequences
E.g. speeding