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Questions and Answers
What does 'mens rea' generally refer to in criminal law?
What does 'mens rea' generally refer to in criminal law?
- The victim's state of mind during a crime.
- The 'guilty mind' or mental state of the accused. (correct)
- The physical act of committing a crime.
- The financial aspect of a crime.
Proving the voluntary criminal act by the accused is sufficient for a conviction; intent does not need to be proven.
Proving the voluntary criminal act by the accused is sufficient for a conviction; intent does not need to be proven.
False (B)
What is the highest level of blameworthiness in criminal intent, requiring an individual to wish to bring about a certain wrongful consequence?
What is the highest level of blameworthiness in criminal intent, requiring an individual to wish to bring about a certain wrongful consequence?
Intent
According to JF Stephen, the 'outward and visible element' refers to the ______ that causes the injury or the crime.
According to JF Stephen, the 'outward and visible element' refers to the ______ that causes the injury or the crime.
Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
Which of the following best describes objective fault?
Which of the following best describes objective fault?
Motive and Intent are the same thing in criminal law.
Motive and Intent are the same thing in criminal law.
Why is it potentially misleading to say that an accused person must possess a 'guilty mind' or mens rea?
Why is it potentially misleading to say that an accused person must possess a 'guilty mind' or mens rea?
According to the described legal principles, what is the primary focus when determining recklessness in criminal law?
According to the described legal principles, what is the primary focus when determining recklessness in criminal law?
In determining subjective intention, the court is able to read peoples minds.
In determining subjective intention, the court is able to read peoples minds.
In the context of recklessness, what kind of evidence can be used to infer an accused's state of mind?
In the context of recklessness, what kind of evidence can be used to infer an accused's state of mind?
In criminal law, recklessness must have a ______ element.
In criminal law, recklessness must have a ______ element.
Match the concept with its description:
Match the concept with its description:
What does intent convey?
What does intent convey?
Motive is a crucial element in determining the guilt or innocence of an accused person.
Motive is a crucial element in determining the guilt or innocence of an accused person.
Define recklessness in a legal context.
Define recklessness in a legal context.
__________ is a state of mind in which the wrongdoer chooses to remain ignorant of suspicious circumstances.
__________ is a state of mind in which the wrongdoer chooses to remain ignorant of suspicious circumstances.
In R v ADH, what was the initial charge against the accused?
In R v ADH, what was the initial charge against the accused?
In R v ADH, the Court ruled that an objective 'reasonable person' standard should be applied.
In R v ADH, the Court ruled that an objective 'reasonable person' standard should be applied.
What is required for the offence of perjury?
What is required for the offence of perjury?
According to R v Hibbert, which of the following statements about motive is true?
According to R v Hibbert, which of the following statements about motive is true?
In criminal law, intent and motive are the same thing.
In criminal law, intent and motive are the same thing.
In legal terms, when is an accused considered careless?
In legal terms, when is an accused considered careless?
In R v Buzzanga and Durocher, what was the advocacy group attempting to achieve by creating a racist document?
In R v Buzzanga and Durocher, what was the advocacy group attempting to achieve by creating a racist document?
Ignorance of the law is a valid defense in criminal cases.
Ignorance of the law is a valid defense in criminal cases.
What is the 'common sense' inference regarding intention?
What is the 'common sense' inference regarding intention?
In R v Hibbert, the Court stated that unlike ________, motive is not an element of a crime and is legally irrelevant to criminal responsibility.
In R v Hibbert, the Court stated that unlike ________, motive is not an element of a crime and is legally irrelevant to criminal responsibility.
Match the following terms with their definitions, according to the provided material:
Match the following terms with their definitions, according to the provided material:
According to R v Tennant and Naccarato, what serves only as evidence for criminal liability?
According to R v Tennant and Naccarato, what serves only as evidence for criminal liability?
Crown is not required to prove that the accused understood the risk they were taking, just that they ______.
Crown is not required to prove that the accused understood the risk they were taking, just that they ______.
In the case of the accused who accompanied the 'shooter,' what was his primary defense?
In the case of the accused who accompanied the 'shooter,' what was his primary defense?
What did Rothstein J hold regarding section 218?
What did Rothstein J hold regarding section 218?
According to Lamer CJC, duress always eliminates criminal intent.
According to Lamer CJC, duress always eliminates criminal intent.
Match the term with its meaning:
Match the term with its meaning:
What does 'common intention' mean in the context of Section 21(2) of the Code?
What does 'common intention' mean in the context of Section 21(2) of the Code?
Why doesn't motive have to be proved as an element of a criminal offense?
Why doesn't motive have to be proved as an element of a criminal offense?
The common law defence of duress is a(n) _______-based defence.
The common law defence of duress is a(n) _______-based defence.
In R v Hibbert, what did the judge include in their instructions to the jury?
In R v Hibbert, what did the judge include in their instructions to the jury?
In R v Buzzanga and Durocher, the accused were found guilty of wilfully promoting hatred.
In R v Buzzanga and Durocher, the accused were found guilty of wilfully promoting hatred.
What is considered 'legally irrelevant' to criminal responsibility?
What is considered 'legally irrelevant' to criminal responsibility?
According to the provided text, "purpose" means _______ and not desirability.
According to the provided text, "purpose" means _______ and not desirability.
In regard to duress, section 21 of the Code only allows for what types of defences?
In regard to duress, section 21 of the Code only allows for what types of defences?
Appeals were allowed in both cases.
Appeals were allowed in both cases.
In the case of R v Théroux, what was the accused's defense against the fraud charges?
In the case of R v Théroux, what was the accused's defense against the fraud charges?
In R v Théroux, the Supreme Court of Canada overturned the conviction.
In R v Théroux, the Supreme Court of Canada overturned the conviction.
In R v Briscoe, what legal doctrine did the Court of Appeal say the trial judge failed to consider?
In R v Briscoe, what legal doctrine did the Court of Appeal say the trial judge failed to consider?
In the first case summarized, the Court of Appeal held that the trial judge's direction was too broad, equating creating controversy with the intention to promote ______.
In the first case summarized, the Court of Appeal held that the trial judge's direction was too broad, equating creating controversy with the intention to promote ______.
Match the case with the key legal principle or issue it addresses:
Match the case with the key legal principle or issue it addresses:
In the first case summarized, what does 'wilfully' mean, according to the trial judge?
In the first case summarized, what does 'wilfully' mean, according to the trial judge?
Motive and intent are the same thing in law.
Motive and intent are the same thing in law.
In R v Briscoe, what crime did the accused stand by and watch being committed?
In R v Briscoe, what crime did the accused stand by and watch being committed?
In R v Théroux, the accused made misrepresentations to induce potential home purchasers to sign a contract and give a ______.
In R v Théroux, the accused made misrepresentations to induce potential home purchasers to sign a contract and give a ______.
According to the first case, if an accused foresees the consequences as certain to result from an act they do for another purpose, what can they be taken to have?
According to the first case, if an accused foresees the consequences as certain to result from an act they do for another purpose, what can they be taken to have?
In R v Briscoe, the trial judge initially convicted the accused.
In R v Briscoe, the trial judge initially convicted the accused.
What did Laboucan ask the accused to hand him from the trunk of the car in R v Briscoe?
What did Laboucan ask the accused to hand him from the trunk of the car in R v Briscoe?
According to the summary of the first case, a good ______ does not cure a criminal intent.
According to the summary of the first case, a good ______ does not cure a criminal intent.
In R v Théroux, what did Madam Justice McLachlin decide regarding the accused's honest belief that the project would be completed?
In R v Théroux, what did Madam Justice McLachlin decide regarding the accused's honest belief that the project would be completed?
Wilful blindness, is the same as recklessness.
Wilful blindness, is the same as recklessness.
Flashcards
Mens Rea
Mens Rea
The mental state or guilty mind required for criminal liability.
Subjective Intent
Subjective Intent
Personal intentions of the accused; considers individual mindset.
Objective Fault
Objective Fault
Assessing actions based on what a reasonable person would know or do.
Intent
Intent
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Negligence
Negligence
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Criminal Intent
Criminal Intent
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Blameworthiness
Blameworthiness
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First-Degree Murder
First-Degree Murder
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Recklessness
Recklessness
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Wilful Blindness
Wilful Blindness
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Subjective Element
Subjective Element
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Circumstantial Evidence
Circumstantial Evidence
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Defence of Ignorance
Defence of Ignorance
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Motive
Motive
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Guilt vs. Innocence
Guilt vs. Innocence
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Knowledge in Offences
Knowledge in Offences
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Perjury
Perjury
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Carelessness
Carelessness
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Subjective Intention
Subjective Intention
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Objective Standard
Objective Standard
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Child Abandonment Law
Child Abandonment Law
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Natural and Probable Consequences
Natural and Probable Consequences
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Lewis v The Queen
Lewis v The Queen
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Criminal Liability
Criminal Liability
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Actus Reus
Actus Reus
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Admissible Evidence
Admissible Evidence
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Duress
Duress
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Common Intention
Common Intention
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Immediate Intention
Immediate Intention
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Acquitted
Acquitted
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Conviction
Conviction
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Proved Absence of Motive
Proved Absence of Motive
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Proved Presence of Motive
Proved Presence of Motive
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Threats as Evidence
Threats as Evidence
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Continuum of Motive
Continuum of Motive
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Wilful Intent
Wilful Intent
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Motive vs Intent
Motive vs Intent
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Fraud
Fraud
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Intent for Fraud
Intent for Fraud
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New Trial
New Trial
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Deceit
Deceit
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False Representation
False Representation
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Judicial Error
Judicial Error
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Secluded Location in Crime
Secluded Location in Crime
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Study Notes
Criminal Fault/Mens Rea, Part 1: Subjective Intent
- Criminal offences vary in their required "guilty mind" (mens rea).
- No single definition of mens rea applies to all crimes; each offence has its own specific fault element.
- Almost all criminal offences require intent, but the specific intent required and possible varieties differ.
- Crown must prove the accused committed a voluntary criminal act and intended to commit that act.
The Notion of "Fault"
- Criminal fault requires both an outward action (actus reus) and a mental element (mens rea).
- Mens rea describes various intentions, rather than a single mental state.
- The Crown must prove the intent behind the act; the act itself is insufficient.
Objective/Subjective Tests
- Objective fault assesses if a reasonable person in the accused's situation would have foreseen and avoided the consequences.
- Criminal law largely does not rely solely on negligence.
- Subjective fault, recognizing the accused's specific intent, is almost always necessary.
Different Levels of Criminal Intent/Blameworthiness
- Intent: The highest level, involving a desire to bring about a specific wrongful consequence. This differs from motive, which is the reason for the act.
- Motive is not an element of a crime but may be used as evidence.
- Knowledge: Certain offences require proof that the person acted with knowledge of specific details.
- Recklessness: The awareness of an unjustifiable risk of a wrongful consequence, even without desiring that consequence.
- Wilful Blindness: A conscious decision to ignore suspicious circumstances. This is not a defense.
- Carelessness (Negligence): Failing to recognize a risk that a reasonable person would have appreciated.
Case Law Highlights:
- R v ADH (2013, SCC):
- Presumption of subjective intent for all offences unless specifically stated otherwise in the law.
- Accused acquitted of child abandonment due to lack of subjective intent.
- R v Buzzanga and Durocher (1979, ONCA):
- Accused’s intent can be inferred from the act, context, and consequences.
- The likelihood of consequences strengthens the inference of intent.
- R v Tennant and Naccarato (1975, ONCA):
- A reasonable person's actions are not the standard for criminal liability.
- Common sense suggests intent is usually present for the natural and probable consequences of an action.
- Lewis v The Queen (1979, SCC):
- Motive is not an element of a crime.
- Though relevant, motive is distinct from intent.
- Motive can be important evidence, even if not essential to guilt.
- R v Hibbert (1995, SCC):
- Duress, while not always an effective defense, can affect mens rea in certain situations.
- Duress can negates free will and thus intent.
- Whether duress eliminates or qualifies a criminal intent is a legal question dependent on specific circumstances.
- R v Buzzanga and Durocher (1979, ONCA):
- The meaning of "wilfully" depends on the context of the crime.
- A good motive doesn't excuse criminal intent.
- R v Théroux (1993, SCC):
- Fraud requires intent, which is not negated by subjective belief that no harm will occur, even if that belief is mistaken.
- R v Briscoe (2010, SCC):
- Wilful blindness, a conscious decision to avoid knowing, is distinct from recklessness.
- Recklessness, and relation to willful blindness (Sansregret):
- Recklessness is subjective, not objective.
Wilful Blindness
- A distinct state of mind, requiring no departure from subjective inquiry into the accused's state of mind
- Evidence strongly suggesting suspicion with deliberate choice not to inquire is considered willful blindness.
Subjective vs. Objective
- Criminal intent focuses on the accused's actual mental state, not a reasonable person's, based on the individual's beliefs and knowledge.
- Evidence relating to intent can be inferred from actions and surrounding context. Accused's subjective state of intent can be inferred, not directly proved.
- Lack of knowledge of wrongdoing is not a defense.
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