Lesson: 26
Topic: Strict and Absolute Liability Offences, and Incomplete Crimes
Purpose:
As we have learned in our previous lessons, criminal offences are acts which require two elements to prove guilt; these being "mens rea" and "actus reus." During this lesson, students will examine a few exceptions to this general rule. Namely, strict liability and absolute liability offences - which do not require mens rea, and incomplete crimes - which do not include complete actus reus.
| Strict Liability Offence: those offences in which it is unnecessary for the prosecution to prove mens rea, but where the accused still has opportunity to prove that he/she took reasonable care to avoid committing the offence. | Absolute Liability Offence: those offences in which it is unnecessary for the prosecution to prove mens rea, and where the accused has no opportunity to exonerate themselves by showing a lack of knowledge or intent. |
The following incomplete crimes will be examined in detail:
Teaching Methodology and Evaluation:
i) In groups, students will perform a skit that illustrates one of the three forms of incomplete crimes.
| A | conspiracy, |
| B | aid and abet |
| C | accessory after the fact |
ii) In groups, students will examine the case of R. v. Dunlop and Sylvester, [1979] 2. S.C.R. 881 (case brief handout , Supreme Court ruling). The groups will then answer the following questions:
| A | 1 |
| B | 2 |
| C | 3 |
Once the groups have answered these questions, they will share their conclusions with the class.
Expectations Addressed:
The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.
Theories of Crime:
analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;
explain the relationship between criminal law and morality and what is meant by “criminal conduct”;
explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;
explain the purpose of criminal law;
compare summary, hybrid, and indictable offences as they relate to criminal law.
The Criminal Trial Process:
explain the processes of police investigation, arrest, search, and interrogation of suspects;
explain pre-trial procedures, including plea bargaining and release procedures;
identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);
outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);
evaluate the different types and purposes of sentences imposed in criminal law.
Concepts of Justice:
explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);
analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);
analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).
Resources:
Relevant web sites: