The mental state of an individual and the level of intent behind a criminal offence can be essential elements of fling charges, defending charges and determining the guilt or innocence of the accused.

Canadian criminal law refers to general intent and specific intent but what do these terms mean and how could they affect a criminal case?

Here’s what you need to know about criminal offences classed as general intent and those classed as specific intent in Canada.

What is intent?

Intent generally refers to the mental objective behind an action. In terms of criminal offences, intent often becomes the focal point of prosecution and defence teams and, in some cases, intent must be proven to secure a conviction.

The mental element required for the offence is referred to as mens rea.

In simple terms, determining intent is about deciding whether an alleged perpetrator intended to commit a crime. The most basic question to ask is this: Was it the individual’s intention to commit the illegal act that occurred?

However, in criminal cases, it is necessary to go deeper into the state of mind of the defendant

What are specific intent and general intent offences?

In Canada, laws relating to the intent when a crime is committed are in place.

If a crime is committed intentionally, i.e., a criminal act was committed knowingly (but there is no specific purpose or outcome intended), it is regarded as a general intent crime.

In other words, the defendant put little or no thought or foresight into the consequences of the actions beyond the illegal action (there was little planning in the execution of the crime).

If a crime is committed intentionally AND the intent was to cause a particular result or consequence by committing the act, it is regarded as a specific intent crime.

So, the state of mind of the defendant in such cases extends beyond committing the illegal act and includes the ulterior purpose or knowledge of consequences that flow from the action (i.e., complex thought and reasoning were necessary to commit the crime).

Examples of general intent crimes

Common examples of general intent offences include:

• Impaired driving/DUI
• Sexual Assault
• Manslaughter
• Mischief

Examples of specific intent crimes

Common examples of specific intent offences include:

• Theft
• Arson
• Fraud
• Murder

What difference does intent make to a case?

Understanding the element of intent is often critical in criminal cases.

Firstly, it can affect the criminal charges filed. The intent behind the action and whether it can be proven in court influences whether an offender is charged with the offence.

Intent may also affect how a crime is prosecuted and the various defences available to a defendant.

For general intent offences, self-induced intoxication is not a valid defense because the accused is not deprived of the minimal intention required for the offence.

However, in specific intent offences, a heightened mental element is required in the commission of the crime. Intoxication may, therefore, be a valid defense as it could be considered to deprive the defendant of the complex thought and reasoning processes necessary.

How do you determine if a case is general or specific intent?

The importance of the mental element or the complexity of the thought and reasoning processes behind an action is an important factor in almost all criminal prosecutions.

The Canadian courts presume that an offence is one of general intent unless otherwise stated in the Criminal Code.

In the simplest terms, we can ask

• Did the person mean to commit the act?
• Did the person mean to commit a criminal act AND expect/intend the result?

This will help determine whether the offence is one of general intent or specific intent.

Interpretations of terms used for particular offences in the Criminal Code, such as “willfully”, may also help determine specific or general intent and indicate how an alleged offence may be prosecuted.

Call us to arrange a confidential consultation

If you or a loved one is facing criminal charges, legal advice from a qualified lawyer can help protect your rights and clarify your options.

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.