Criminal Fault/Mens Rea Part 1: Subjective Intent
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Questions and Answers

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.

    False (B)

    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.

    <p>action</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Mens Rea = The 'guilty mind' or mental state of the accused. Intent = Wishing to bring about a specific wrongful consequence. Objective Fault = Based on what a reasonable person would have known or done. Subjective Fault = Requires proof that the accused had the required knowledge.</p> Signup and view all the answers

    Which of the following best describes objective fault?

    <p>Focuses on what a reasonable person in the accused's position would have known. (D)</p> Signup and view all the answers

    Motive and Intent are the same thing in criminal law.

    <p>False (B)</p> Signup and view all the answers

    Why is it potentially misleading to say that an accused person must possess a 'guilty mind' or mens rea?

    <p>Each criminal offense may have a different fault element.</p> Signup and view all the answers

    According to the described legal principles, what is the primary focus when determining recklessness in criminal law?

    <p>The accused's intention and beliefs regarding the facts. (A)</p> Signup and view all the answers

    In determining subjective intention, the court is able to read peoples minds.

    <p>False (B)</p> Signup and view all the answers

    In the context of recklessness, what kind of evidence can be used to infer an accused's state of mind?

    <p>Circumstantial evidence</p> Signup and view all the answers

    In criminal law, recklessness must have a ______ element.

    <p>subjective</p> Signup and view all the answers

    Match the concept with its description:

    <p>Recklessness = Must have a subjective element in criminal law. Subjective Intention = Inferred from actions and context, not mind-reading. Wilful Blindness = Mentioned in Sansregret v The Queen Circumstantial Evidence = Evidence used to infer an accused's state of mind</p> Signup and view all the answers

    What does intent convey?

    <p>The desire for a consequence (D)</p> Signup and view all the answers

    Motive is a crucial element in determining the guilt or innocence of an accused person.

    <p>False (B)</p> Signup and view all the answers

    Define recklessness in a legal context.

    <p>Recklessness involves taking an unjustifiable risk while foreseeing that a wrongful consequence might occur, without desiring that consequence.</p> Signup and view all the answers

    __________ is a state of mind in which the wrongdoer chooses to remain ignorant of suspicious circumstances.

    <p>Wilful blindness</p> Signup and view all the answers

    In R v ADH, what was the initial charge against the accused?

    <p>Unlawfully abandoning a child (B)</p> Signup and view all the answers

    In R v ADH, the Court ruled that an objective 'reasonable person' standard should be applied.

    <p>False (B)</p> Signup and view all the answers

    What is required for the offence of perjury?

    <p>Knowledge that the made statement is false (A)</p> Signup and view all the answers

    According to R v Hibbert, which of the following statements about motive is true?

    <p>Proved absence of motive is a major factor in favour of an accused. (A)</p> Signup and view all the answers

    In criminal law, intent and motive are the same thing.

    <p>False (B)</p> Signup and view all the answers

    In legal terms, when is an accused considered careless?

    <p>When they fail to appreciate a risk that a reasonable person would have avoided. (D)</p> Signup and view all the answers

    In R v Buzzanga and Durocher, what was the advocacy group attempting to achieve by creating a racist document?

    <p>To stir up controversy and pressure the school board to build a French-language secondary school.</p> Signup and view all the answers

    Ignorance of the law is a valid defense in criminal cases.

    <p>False (B)</p> Signup and view all the answers

    What is the 'common sense' inference regarding intention?

    <p>A sane and sober individual is usually taken to intend the 'natural and probable consequences of their acts.'</p> Signup and view all the answers

    In R v Hibbert, the Court stated that unlike ________, motive is not an element of a crime and is legally irrelevant to criminal responsibility.

    <p>mens rea</p> Signup and view all the answers

    Match the following terms with their definitions, according to the provided material:

    <p>Intent = The exercise of free will to do a particular thing Motive = Evidence that is always relevant and hence, admissible Purpose = Immediate intention, not desirability Common Intention = Intention to commit the same offence as the principal offender</p> Signup and view all the answers

    According to R v Tennant and Naccarato, what serves only as evidence for criminal liability?

    <p>What a reasonable person would do or think (B)</p> Signup and view all the answers

    Crown is not required to prove that the accused understood the risk they were taking, just that they ______.

    <p>did</p> Signup and view all the answers

    In the case of the accused who accompanied the 'shooter,' what was his primary defense?

    <p>Duress (fear for his life) (B)</p> Signup and view all the answers

    What did Rothstein J hold regarding section 218?

    <p>That this was a duty-based child protection provision (C)</p> Signup and view all the answers

    According to Lamer CJC, duress always eliminates criminal intent.

    <p>False (B)</p> Signup and view all the answers

    Match the term with its meaning:

    <p>Intent = Desire for a consequence Motive = The reason 'why' a person does something Recklessness = Taking an unjustifiable risk while foreseeing that a wrongful consequence might occur Carelessness = Failing to appreciate a risk that a reasonable person would have appreciated and avoided</p> Signup and view all the answers

    What does 'common intention' mean in the context of Section 21(2) of the Code?

    <p>An intention to commit the same offence as the principal offender.</p> Signup and view all the answers

    Why doesn't motive have to be proved as an element of a criminal offense?

    <p>Motive is not proven as an element of a criminal offence because it is not the same as intention.</p> Signup and view all the answers

    The common law defence of duress is a(n) _______-based defence.

    <p>excuse</p> Signup and view all the answers

    In R v Hibbert, what did the judge include in their instructions to the jury?

    <p>Instructions containing both the actus reus and the mens rea (C)</p> Signup and view all the answers

    In R v Buzzanga and Durocher, the accused were found guilty of wilfully promoting hatred.

    <p>False (B)</p> Signup and view all the answers

    What is considered 'legally irrelevant' to criminal responsibility?

    <p>Motive.</p> Signup and view all the answers

    According to the provided text, "purpose" means _______ and not desirability.

    <p>immediate intention</p> Signup and view all the answers

    In regard to duress, section 21 of the Code only allows for what types of defences?

    <p>Excuse-based defenses (A)</p> Signup and view all the answers

    Appeals were allowed in both cases.

    <p>False (B)</p> Signup and view all the answers

    In the case of R v Théroux, what was the accused's defense against the fraud charges?

    <p>He sincerely believed the development would be completed and no one would lose their money. (A)</p> Signup and view all the answers

    In R v Théroux, the Supreme Court of Canada overturned the conviction.

    <p>False (B)</p> Signup and view all the answers

    In R v Briscoe, what legal doctrine did the Court of Appeal say the trial judge failed to consider?

    <p>wilful blindness</p> Signup and view all the answers

    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 ______.

    <p>hatred</p> Signup and view all the answers

    Match the case with the key legal principle or issue it addresses:

    <p>R v Théroux = Fraud and misrepresentation; the risk to others' property, not the accused's subjective view of that risk, is the measure of criminal intent. R v Briscoe = Wilful blindness; an accused's deliberate choice not to inquire about something they suspect to be true. First case summarized = Motive versus intent; a good motive does not excuse criminal intent.</p> Signup and view all the answers

    In the first case summarized, what does 'wilfully' mean, according to the trial judge?

    <p>Both A and B. (A)</p> Signup and view all the answers

    Motive and intent are the same thing in law.

    <p>False (B)</p> Signup and view all the answers

    In R v Briscoe, what crime did the accused stand by and watch being committed?

    <p>murder</p> Signup and view all the answers

    In R v Théroux, the accused made misrepresentations to induce potential home purchasers to sign a contract and give a ______.

    <p>deposit</p> Signup and view all the answers

    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?

    <p>Intended that result. (B)</p> Signup and view all the answers

    In R v Briscoe, the trial judge initially convicted the accused.

    <p>False (B)</p> Signup and view all the answers

    What did Laboucan ask the accused to hand him from the trunk of the car in R v Briscoe?

    <p>pliers</p> Signup and view all the answers

    According to the summary of the first case, a good ______ does not cure a criminal intent.

    <p>motive</p> Signup and view all the answers

    In R v Théroux, what did Madam Justice McLachlin decide regarding the accused's honest belief that the project would be completed?

    <p>It was irrelevant to the charge of fraud. (D)</p> Signup and view all the answers

    Wilful blindness, is the same as recklessness.

    <p>False (B)</p> Signup and view all the answers

    Flashcards

    Mens Rea

    The mental state or guilty mind required for criminal liability.

    Subjective Intent

    Personal intentions of the accused; considers individual mindset.

    Objective Fault

    Assessing actions based on what a reasonable person would know or do.

    Intent

    The highest level of blameworthiness; desire to cause a wrongful act.

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    Negligence

    Failure to act as a reasonable person would; not enough for a crime.

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    Criminal Intent

    A specific intention to bring about a certain criminal consequence.

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    Blameworthiness

    The level of culpability or responsibility for an action in law.

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    First-Degree Murder

    A crime requiring intent to kill and prior planning.

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    Recklessness

    A mental state where the accused disregards known risks.

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    Wilful Blindness

    Deliberately ignoring facts or situations to avoid responsibility.

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    Subjective Element

    Focuses on the accused's personal knowledge and intentions.

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    Circumstantial Evidence

    Indirect evidence that implies a conclusion about a person's intentions.

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    Defence of Ignorance

    Claiming lack of knowledge about dishonesty or morality is not a valid defence.

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    Motive

    The reason behind a person's actions or decisions.

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    Guilt vs. Innocence

    Motive is irrelevant in determining guilt; intent is key.

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    Knowledge in Offences

    Some crimes require a person to knowingly commit an act.

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    Perjury

    The act of making a false statement knowingly in a legal context.

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    Carelessness

    Failing to appreciate a risk that a reasonable person would have noticed.

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    Subjective Intention

    The personal intention of the accused regarding their actions.

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    Objective Standard

    Measuring actions against how a reasonable person would act.

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    Child Abandonment Law

    Unlawfully leaving a child under 10 in a way that endangers them is a crime.

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    Natural and Probable Consequences

    A reasonable expectation of outcomes resulting from an action.

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    Lewis v The Queen

    Case distinguishing motive from intent in criminal law.

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    Criminal Liability

    Legal responsibility for one's actions based on intention and consequences.

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    Actus Reus

    Actus reus is the physical act or action taken to commit a crime.

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    Admissible Evidence

    Evidence that is permitted to be presented in court for consideration.

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    Duress

    Duress is a defense arguing that a person was pressured into committing a crime under threat.

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    Common Intention

    Common intention means the shared intent of parties involved in committing a crime together.

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    Immediate Intention

    Immediate intention refers to the direct purpose behind an action rather than a general desire.

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    Acquitted

    Acquitted means to be declared not guilty of charges in a court of law.

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    Conviction

    A conviction is a formal declaration that someone is guilty of a criminal offense.

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    Proved Absence of Motive

    Proved absence of motive can favor an accused and should be considered by the jury.

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    Proved Presence of Motive

    Proved presence of motive serves as significant evidence of guilt in a case.

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    Threats as Evidence

    Threats can be relevant in determining if a person possessed the necessary mens rea to commit an offense.

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    Continuum of Motive

    Cases vary on the importance of motive, from essential to negligible based on circumstances.

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    Wilful Intent

    Deliberately creating hatred while foreseeing the consequences.

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    Motive vs Intent

    Motive is the reason behind an action; intent is the decision to engage in the action.

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    Fraud

    Deceiving someone for personal gain, often involving misrepresentation.

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    Intent for Fraud

    Knowing a statement is false when made, to deceive others.

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    New Trial

    A trial ordered by a court to reassess a case based on errors in the previous trial.

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    Deceit

    Misrepresentation or dishonesty intended to mislead others.

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    False Representation

    Providing untrue information intending to mislead others.

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    Judicial Error

    A mistake made by a trial judge affecting the outcome of a case.

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    Secluded Location in Crime

    A hidden place where criminal acts may be more easily committed.

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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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    Description

    Dive into the concept of mens rea in criminal law in this quiz. Understand the differences in intent required for various crimes and how the Crown must demonstrate purpose behind actions. Explore the implications of objective and subjective tests in determining fault.

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