Law Society of Ontario (LSO) Paralegal Practice Exam

What is a mens rea offence?

1. Guilty mind, where the prosecution must prove the defendant's intent

2. A strict liability offence requiring no proof of state of mind

3. An absolute liability offence with no need for proof of action

4. An offence based only on the evidence of the act committed

The correct answer is: Guilty mind, where the prosecution must prove the defendant's intent

A mens rea offence is fundamentally a type of crime where the prosecution is required to establish that the defendant had the intent or mental state to commit the crime. The term "mens rea" translates to "guilty mind" in Latin, and it is a crucial element in distinguishing between acts that are criminal and those that are not. This framework asserts that a key component of culpability in criminal law is the intention behind an individual's actions. In these cases, proving the defendant’s mental state is essential. For example, different degrees of intent (such as recklessness, negligence, or purpose) can affect the severity of the charge and the potential penalties. This understanding is pivotal in the legal landscape as it ensures that individuals are not held criminally responsible for actions committed without a guilty mind or intent to break the law. The other options describe legal concepts related to liability but do not involve the necessity of proving intent. Strict liability offences, for instance, do not require proof of mens rea, focusing instead on the commission of the act itself, while absolute liability offences entirely negate the requirement for demonstrating a guilty mind or even a wrongful act. Lastly, an offence based purely on the evidence of the act committed does not involve assessing the mental state of the