Essay Sample on Crime & Punishment: Mens Rea & Acts Rea in the Criminal Code

Introduction

A crime is defined as an action or omission that constitutes an offense and is punishable by law. The essential elements of a crime are the Mens Rea and the Acts Rea. These two elements must be present and proved to the required standard by law; that is, proof beyond a reasonable doubt by a competent tribunal for the accused to be found guilty and convicted. The introduction of the criminal code in part eight hundred and ten is a departure from the traditional criminal justice system. Its application in the country has devastating effects where the accused or the defendant is the state limits fundamental basic human rights on account of fear.

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The criminal code provides information which may be presented before a judge on behalf of any individual who fears on judicious reasons that somebody else will inflict injury to them or their close companion or will destroy their belongings or will go against subsection 162.1 of the penal code. The section is controversial due to its generality and ambiguities associated with the nature of fear. Fear is an emotion; the cause of this emotion is subject to various reasons attributed to the threat of danger, harm, or pain. Fear is subjective depending on one's upbringing, association or friend, social behavior, experience, mental health, the family set up, and locality. What causes one to have fear emotions is not the same thing that causes fear to another. This section gives the justice or summary conviction court un-restricted jurisdiction to convict the defendant or the accused person outside the strict sense of standard required of the law; notably, on account of proof beyond a reasonable doubt in criminal offenses under the traditional elements of a crime that is Mens Rea and Acts Rea.

Section 810 (2) provides directions on what the judge has to do on receiving information under subsection (1).the directions are limited to causing the both sides to present themselves before him. It does not give powers to the court to order for thorough investigations by the relevant authorities who shall provide an independent report before the justice or the summary conviction court to assist in its decision making. A thorough investigation will confirm whether the fears in subsection (1) are genuine and not driven by personal reasons to settle scores or to revenge.

The punishment prescribes for the defendant under subsection (3.01) is punitive and unnecessary. It reads that "the justice of the summary conviction court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance." One has to bear in mind that this is coming into a recognizance of an offense which the defendant has neither committed nor intends to commit irrespective of their past behavior. The elements of Mens Rea and Acts Rea have not been identified since they are all based on one's emotions. Emotions change from time to time and based on several circumstances. It purely implies that you can be sent to jail on account of one's feelings, which you have no control over (Belobaba, 1991). This is to say, your life and daily activities will be stopped for 12 months on one's emotions.

On top of the recognizance conditions under subsection (3.02), the statutes further provide under subsection (3.1) for the defendant to be denied his fundamental rights of holding firm arms and other items that may be construed to be weapons; despite the general understanding that any object is a weapon depending on who is keeping it. Subsection (3.1) provides that "the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or any other person" (Maither, & Comm, 2014). The section does not provide for the parameters to be considered. Some of the grounds likely to be found but subject to the approval of the court may include but not limited to the defendant's nature of work, place of work, tools of work, kind of trade, or business.

One to be issued with a license to hold or own firearm bust has gone through a thorough background check, investigation, and proof of his mental health (Maither, & Comm, 2014). These conditions provided under subsection (3.02) and (3.1) exposes the defendant to more danger than the danger fears by the complainant under subsection (1). Eight hundred ten orders curtail and incapacitated the defendant to the extent that it is a threat in its self to the defendant's liberties to live a comfortable life, do business, work and improve the lives of his dependents.

The conditions provided under subsections (3.02), (3.1) and (3.11) are mandatory (Maither, & Comm, 2014). Therefore, the summary conviction court must issue the above-stated conditions. In case, the prosecution or the summary conviction court does not issue such circumstances, it must make a declaration of the motives for not including the conditions as provided under section 810 subsection (3.12) of the penal code.

Subsection (3.2) provides for additional conditions that further make the life of the defendant more difficult and uncomfortable (Belobaba, 1991). It limits the defendant operating space, therefore, shrinking his world in the operation of his business, work, association, and interaction. This is exceptionally punitive on the part of the defendant for a crime that he has not committed and considering the fact these are based on the emotions of another person, which the defendant has no control over.

In cases of family disputes between the parties, the circumstances always change from time to time. This may also refer to the claims of a relationship between the parties, which has come to an end. Subsection (3.2) is tailored to provide for safe heaven the victims (Maither, & Comm, 2014). Where there are children in the picture, the matter in question involves parents; there raises a question of custody and provision for the children.

Under international laws, children are entitled to know their parents and have access to them for the overall growth and development of a child. The justice or the summary conviction court must take into consideration the best interests of a child in making its decision for the additional conditions under subsection (3.2) (Maither, & Comm, 2014). On the same note, the parents also are entitled to have wholly or controlled access to their children. It is a fundamental human right that every parent should enjoy.

Conclusion

In conclusion, section 810 of the criminal code and its orders are proactive sentencing based on the emotions of fear (Jochelson et al. 2017). It is against the traditional criminal justice system the elements of crime Mens Rea and Acts Rea must be proved to the required standards of the law, that is, beyond a reasonable doubt. It violates the internationally recognized fundamental basic human rights of the defendant. Its consequences are far-reaching and devastating as they leave the defendant in an awkward position challenging to improve his economic and social life and that of his defendants. It is a threat to the defendant's well-being, threat to his constitutional rights, and fundamental human rights. In general, it is a threat to the civil liberties of the defendant.

References

Belobaba, E. P. (1991). The Supreme Court Law Review (Vol. 2).

Jochelson, R., Gacek, J., Menzie, L., Kramar, K., & Doerksen, M. (2017). Criminal law and Precrime: Legal studies in Canadian punishment and surveillance in anticipation of criminal guilt. Routledge.

Lyndon Maither, C. F. E., & Comm, B. (2014). Canadian Securities Law, the Ontario Securities Act, and Alberta Securities Act, "The Top 111 Cases": A Primer. Lyndon Mather.