Chapter 4

Question 0

Conditions for an action to be considered a crime

Answer 0

• must harm others
• violate basic values of society
• dealing with the action mustn’t violate values of society
• criminal law can make a significant contribution to solving the problem

Question 1

Why is criminal law necessary?

Answer 1

• To protect society & individuals

- to keep order

Question 2

Federal jurisdiction over law

Answer 2

Has jurisdiction over criminal law

Question 3

Provincial jurisdiction over law

Answer 3

Has jurisdiction over quasi-criminal law

Question 4

Summary conviction

Answer 4

• Minor offences (drug possession) where the accused can be arrested & summoned to court with no delay
• max. penalty: 6mo and/or $2000

Question 5

Indictable offence

Answer 5

• Serious crimes (murder)

- max. penalty: life (May have minimum sentence)

Question 6

Hybrid

Answer 6

• medium offences (theft)

- can be either summary or indictable, depending on decision of the crown

Question 7

Quasi-criminal offences

Answer 7

• Passed by provinces, territories, and municipalities
• resemble criminal law but don’t deal with actual crimes
• ex: traffic offences

Question 8

Elements that must exist for a person to be convicted of a crime

Answer 8

• actus reas

- mens rea

Question 9

Actus reus

Answer 9

The guilty act/deed (ex. Punching someone)

Question 10

Mens rea

Answer 10

The guilty mind -> intent to commit a crime (ex. Wanting to punch someone)

Question 11

General intent

Answer 11

• only a minimal level of intent must be proven (ie that you meant to do what you did)

Question 12

Specific intent

Answer 12

• requires proof of further intent (ie you meant to do what you did, and you meant it to have the actions that it did)

Question 13

Elements of Mens rea

Answer 13

• knowledge
• motive
• recklessness
• willful blindness

Question 14

Knowledge

Answer 14

Knowing certain facts (ie using your credit card when you know it’s revoked)

Question 15

Motive

Answer 15

The reason/motivation someone has to commit a crime

Question 16

Recklessness

Answer 16

Taking a risk where the result of an action is expected (ie you’re guilty of drug trafficking even though you thought you were smuggling something else)

Question 17

Willful blindness

Answer 17

When you know you need to make an inquiry but don’t because you don’t want to know the truth

Question 18

Absolute liability

Answer 18

• Only proof needed for conviction is that the act was committed (mens rea doesn’t have to be proven)
• CAN use due diligence as a defence

Question 19

Strict liability

Answer 19

• Only proof needed for conviction is that the act was committed (mens rea doesn’t have to be proven)
• CANNOT use due diligence as a defence

Question 20

Aid

Answer 20

• To assist a crime (presence at the scene isn’t conclusive evidence)
• penalty is usually the same as for the offence

Question 21

Abet

Answer 21

• to encourage a crime (presence at the scene isn’t conclusive evidence)
• penalty is usually the same as for the offence

Question 22

Accessory after the fact

Answer 22

• someone who helps a person escape or avoid capture (cannot convict a spouse)
• penalty is usually less than for the offence

Question 23

Attempt

Answer 23

• to begin the process of committing an offence

- penalty is usually less than for the offence

Question 24

Conspiracy

Answer 24

• an agreement between persons to carry out an unlawful action
• penalty is usually the same as for the offence

Question 25

Supreme Court of Canada

Answer 25

• Highest court

- acts as final appeal court & hears issues of national concern (ie charter violations)

Question 26

Federal Court of Canada

Answer 26

Deals with disputes with the government

Question 27

Court of appeal of BC

Answer 27

Hears appeals from lower courts

Question 28

Supreme Court of BC

Answer 28

• more serious indictable offences

- hears appeals from summary convictions cases

Question 29

Provincial Court (criminal division)

Answer 29

• minor indictable offences (theft under $5000)

- summary conviction cases