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R. v. Théroux, [1993] 2 S.C.R. 5


T was business man. Sold homes to buyers. Claimed had insurance program. Made false representations that the deposits were insured. House not built. People didn’t get deposits back


Does the fact that T honestly believed the houses would be completed negate the mens rea of the offence?


Elements of Actus Reus of Fraud (s.308(1)) : dishonest act and deprivation (Olan)
**Deprivation of money, security, or property (also imperiling of is sufficient)
***Established by proof of loss, prejudice, or risk of prejudice
**Dishonest act by:
***Other fraudulent means (Whether reasonable person thinks act is dishonest) – objective standard

Elements of Mens Rea of Fraud
**Accused knowingly undertook the act which constitutes the falsehood, deceit, or other fraudulent means (subjective knowledge of dishonest act), AND
**The accused was aware that the deprivation could result from such conduct (element of risk) (subjective knowledge of deprivation of another)


For fraud by deceit or falsehood – all that need be determined is whether the accused, as a matter of fact, represented that a situation was of a certain character, when, in reality, it was not.

Test for Mens Rea is Subjective
**Whether the accused subjectively appreciated those consequences at least as a possibility (looks to intention and facts as the accused believed them to be)

T believed that no such risk would materialize – he thought the houses would be built
o**But he told them something he knew to be false, he knew his act was depriving them of insurance protection


T was guilty of fraud


Subjective Mens Rea
1. Knowingly
2. Recklessness
3. Wilful blindness

Actus Reus – (wrongful act or forbidden consequence)
1. Simultaneity
2. Voluntary
3. Causation

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