Chapter 3 Flashcards
(29 cards)
Encourage or blackmail someone to commit a crime
Abet
Intent assumed and doesn’t need to be proved (ex. Attempted burglary)
Absolute liability
Comfort or assist someone in a crime and they know the party is committing a crime
Accessory after the fact
Wrongful action, must be proven for someone to be found guilty
Actus reus
Guilty mind, knowing what you’re doing is wrong
Mens rea
Decline to make inquiry, knowing the need to do so. Not wanting to know the truth (ex. Smuggling but not asking what’s in the case)
Willful blindness
Minor conviction offence tried summarily or immediately without preliminary jury (12 people, judge looks at evidence to see if its worth a trial)
Summary conviction offence
Lawful activity that exposes others to harm or risk, but no fault on wrongdoers part (ex. Not requesting passengers to buckle up) simple negligence
Strict liability
Criminal offence in which requires intentional unlawful action
Specific intent
Paying no regard to probably/ possible consequences
Recklessness
Offence against provincial laws, not part of federal criminal law.
Quasi criminal law
Responsibility to prove something in a court Of law
Onus
Reason for committing a crime
Motive
Not doing something that is required (ex. Not giving first aid at the scene of accident)
Omission
To know certain facts which provide necessary men rea for offence (ex. Knowing the laws)
Knowledge
Authority or power to do something (ex. Make laws)
Jurisdiction
Something planned causing wrongful consequences (ex. Planning robbery)
Intent
Severe criminal offence, court proceeds by indictment (charge someone an offence)
Indictable offence
Punishable as indictable or summary offence at discretion of crown
Hybrid offence or dual procedure offence
Offence that does not require intentional unlawful action, but only a wrongful act was committed (ex. Taking off seatbelt to momentarily take off jacket
General intent
Accused took reasonable care not to it offence , accident
Due diligence (ex. Fire truck with lights and sirens speeds but is hit by a bus)
Body of public law that declares acts to be crime and hands out punishments for crime
Criminal law
Statue containing 1. Main criminal offences 2. Rules for prosecuting 3. Appeal 4. Penalties to each offence
Criminal code of Canada
Every province has:
provincial Supreme Court and provincial court of appeal