Week 2

Question 1

Elements needed in crime

Answer 1

prohibition against certain conduct
penalty for violation
describes a “pure evil” or injurious effect on public

Question 2

Sources of crime

Answer 2

Legislation and Judicial Decisions

Question 3

Legislation & True Crime

Answer 3

Parliament of Canada (MPs in Ottawa) exclusive authority to create criminal laws.
True Crime is a criminal offence under the Criminal Code enacted under the Constitution Act.

Question 4

Regulatory Offences

Answer 4

“Quasi-Crime”
Provincial, territorial, or federal governments can enact.
Regulate everyday activities (fishing, driving)
Max sentence 6 months.

Question 5

Common Law/ Case Law

Answer 5

Judicial interpretation of law (ex:other means)

Allows judges to declare legislation invalid if violates the Charter of Rights and Freedom.

Question 6

The Charter

Answer 6

Part of Constitution Act, sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.

Question 7

Actus Reus

Answer 7

The ACT
Elements contained in definition of criminal offence besides mental elements (voluntarily is Actus Reus)
Conduct, circumstances, consequences

Question 8

Mens Rea

Answer 8

Mental elements in a criminal offence (besides voluntary)

Guilty mind - wrongful intention

Question 9

Subjective Mens Rea

Answer 9

Based on a determination of “what actually went on in accused’s mind”
Required for more serious offences - more blameworthy
intention and knowledge, recklessness, wilful blindness.

Question 10

Objective Mens Rea

Answer 10

Had capacity to live up to standard and care expected of a reasonable person and failed to do so.
Regulatory Offences

Question 11

How to become a party to crime

Answer 11

Commit it, aids another, abets another, counsels.

Question 12

Inchoate Crime

Answer 12

Criminal offence committed when the accused seeks to bring about the commission of a particular crime but is unsuccessful in doing so.
Attempt (substantial step), conspiracy (agreement), counselling (encouraging).

Question 13

NCRMD

Answer 13

Not an aquittal, must be suffering at time of conduct, absolute discharge required unless person poses threat to public.

Question 14

Mistake of Fact

Answer 14

Acts under influence of an honest mistake. (actus reus)

Question 15

Intoxication

Answer 15

Prevents accused from forming intent required for “specific intent” offence (murder, robbery). (Mens rea)
Can reduce severity of charge, specific intent requires complex thought process.

Question 16

Necessity

Answer 16

Accused person commits the lesser evil of a crime in order to avoid occurrence of a greater evil.
No reasonable alternative.

Question 17

Duress

Answer 17

Forced to commit crime as a consequence of threats of death or serious bodily harm.
Reasonable person must believe it will be carried out.

Question 18

Provocation

Answer 18

Partial defence to change murder to manslaughter.
Reasonable person would react similarly.
Acted suddenly, and did not contribute to provacation.

Question 19

Self-Defence

Answer 19

Reasonable amount of force in self defence if believe they or another individual are target of actual force or threat of force.