Chapter 5 Flashcards
Culpable homicides
- murder
- manslaughter
- infanticide
Violent Crime
Harms the human body in some way
Non-culpable homicides
- accident
- self defence
1st degree murder
- Planned & deliberate
- specific intent
2nd degree
- intentional, but not pre-planned
- specific intent
Manslaughter
- unintentional, during an unlawful act (ie. While speeding)
- general intent
Infanticide
- killing of a newborn baby by their mother, who is still mentally disturbed due to childbirth
- Max penalty: 5 years because mother isn’t in sound mental state -> no mens rea
Assault
Intentionally applying force to someone without their consent
Assault causing bodily harm
Carrying/using/threatening to use a weapon or causing bodily harm during the assault
Aggravated assault
Maiming/wounding/disfiguring or endangering someone’s life during an assault
Sexual assault
An assault of sexual nature without the victim’s consent
Sexual assault causing bodily harm
Carrying/using/threatening to use a weapon or causing bodily harm during a sexual assault
Aggravated sexual assault
Maiming/wounding/disfiguring or endangering someone’s life during a sexual assault
Why was rape re-titled sexual assault?
To emphasize the violent nature of the crime
When is consent not a defence to sexual assault?
When the victim is:
- under 16
- drunk
- having sexual relations with an authority figure