CONDUCT/

CIRCUMSTA
NCES 1
Elements of a Crime
Requirement to prove an accused person committed
a crime (absence of counterveiling factors)
Paradigm elements of a case are factors that
mitigate guilt even if all elements of offence are met
Note: defence includes BARD
Two factors to a crime:
- Mens Rea (guilty mind)
- Actus Reus (guilty act)
o Similar to Actus Reus and Obiter Dicta
in judicial reasoning?

Actus Reas
1. Conduct
2. Circumstances
3. Consequences
Mens rea relates to components of a crime,, e.g.
knowledge, recklessness (absence of mitigating
factors), etc.
Some crimes do not require mental state involving
guilt
Other instances, accused may be required to “ought”
to know law was violated
Acus Reus elements applied to assault:
- 1. Conduct: direct/indirect application of force
- 2. Circumstnaces: lack of consent
- 3. Consequences: none? See s.265(1) CC
- Note: why require an act?
o Evidentiary problems
o Diminished control over whether
punished (lack of fair opportunity)
o
Mens Rea elements applied to assault:
- 1. Required intent
- 2. Knoweldge of lack of consent or reckless

Note1: fault requirements not always stated, implied

as background considerations
Note2: Mens Rea may be required for all components
of an actuts rea

Relevant Issues
- Conduct/Circumstance requirement:
o Interpretation of required act
o Liability related to possession or
omission
o Lack of consent as requirement
o Requirement of voluntariness
- Consequence element:
o Note: Crime must cause harm fairly
(inadvertent does not count)
o Causation:

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 o Two step analysis: factual then legal
o Factual vs. Legal Causation
 Factual (cause-in-fact): the
required elements
(facts/evidence.) of to prove
criminal liability)
 Application of but-for test
(facts/evidence)
o Legal Causation (proximate cause)”:
 Underlying cause of violation
 May include indirect cause,
despite being underlying
catalyst (e.g. driving drunk as
causing a death)
 Proximate means near –
defendant’s actions must be
“near” to the cause of the harm
 Test for legal causation:
objective foreseeability
reasonableness test
o Intervening variable:
 Another distinction between
factual/legal cause
 Event interrupts causal chain
 Removes criminal liability
because break in chain is much
more proximate than accused’s
cause
- Crimes requiring possession:
o Mens Rea:
 Required
o Actus Reus:
 Only voluntary bodily
movements
 Three types:
 1. Voluntary act
o Concious control of
action
 2. Possession
o

3
  3. Omission
 Ownership (legal/informal) of
substance known to be illegal
 Omission