In the vast majority of criminal charges in Canada a crown prosecutor is responsible for pursuing, or not pursuing, criminal charges against an accused. The crown is burdened with convincing a judge or jury that the essential elements of the crime charged, or a lesser and included crime, have been satisfied by the accused beyond a reasonable doubt. Proving a crime beyond a reasonable doubt is a high standard to be meet. So, how do we know what the elements of a crime are?
The majority of criminal offences in Canada are outlined in the Criminal Code (R.S.C., 1985, c. C-46) and are usually broken down into 2 categories of elements, the actus reus (“the guilty act”) and the mens rea (“the guilty mind”).
Actus Reus
The actus reus elements are actions or omissions outlined in a criminal offence that must be proven to convict a person of a criminal offence. Part of proving the guilty actions or omissions includes proving the time and date of the actions or omissions, and the identity of the person who performed the actions or omitted to act. The crown must also prove that the court where the charges are being dealt with has proper jurisdiction over the charges. Some of the actus reus elements for one of the ways to prove common assault can include the application of force to a victim and the manner of the application of force. However, merely proving the actus reus is not enough, the crown must also prove mens rea.
Mens Rea
Mens rea are elements that relate to the culpability of the mind at the time of the offence. In addition to the above noted actus reus elements in that definition of common assault, the crown must also prove that the force was intended to be applied and was not merely a reflex or an unintended or unforeseeable consequences of some, otherwise, benign action. Although the mens rea is often described as “intent”, it would be more accurate to say that having “intent” is merely one of the ways mens rea elements can apply. Other standards can include recklessness, carelessness, negligence, knowingly or with knowledge, or willful blindness. Non-criminal offences may have no mens rea elements at all.
Mixed Elements
Some elements of offences can apply to both mens rea and actus reus. For instance, the concept of “consent” applies both to the act of consent having been given and whether the accused’s mind was reasonable in believing that consent was given. Consent can be a defence in common assault cases but there are limits to what can be consented to.
Conclusion
When it comes to proving criminal offences, the crown must prove both the guilty action or omission and the guilty mind elements beyond a reasonable doubt.