Flashcards in Chapter Six Deck (26):
The crime of encouraging the perpetrator of a crime without providing physical assistance.
Although not stated, implies being present
accessory after the fact
An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.
“The guilty action”
In most cases a criminal act must be completed to meet the criteria of as an offence.
Actus Reus must be voluntary.
Helping the perpetrator commit the crime.
Don’t have to be present
Had the intention (Mens Rea) to commit a crime but it was not carried through.
Attempt does not require the standard Actus Reus (The physical preparation/planning of the crime- stealing weapons, written plans, ect.)
An agreement between two or more people to carry out an illegal act, even if that act does not actually occur.
(Same as attempt, but with more than one person)
Involves advising, recommending or persuading another person to commit a criminal offence.
(Beyond encouragement, to providing a “road map”. Instructing someone in a criminal offence. “You’re the boss”.)
Any action or omission of an act that is prohibited and punishable by federal statute.
The body of laws that prohibit and punish acts that injure individual people, property, and the entire community.
Main purpose of criminal laws:
1.) Keep order
2.) Protect people and property
3.) Preserve standards of public decency
Everyone is criminally negligent who:
In doing anything, or
In omitting to do anything that it is his duty to do, shows a wanton or reckless disregard for the lives or safety of others.
The mens rea is the “wanton or reckless disregard”
Judged by what a reasonable person would do
The defense that the accused took every reasonable precaution
commit a wrongful act with no additional motive (easier to prove)
He or she meant to do something wrong, reckless regarding the consequences, results are foreseeable
You have awareness of certain facts
Can be used to establish mens rea
********the state of being responsible for something, esp. by law. **********
“The Guilty Mind”
• The act was intentional, knowing, negligent, reckless, or wistfully blind (WINKR)
• The reason a person commits a crime
• Intent refers to state of mind
• Motive is not one of elements that the crown must prove to convict the accused.
parties to an offence
People indirectly involved in performing a crime.
party to common intention
Shared responsibility among criminals for additional offences committed during the course of the original crime.
a person who commits an illegal or criminal act
Laws passed by provinces and municipalities
Cover less serious offences
Often punishment is through fines
In circumstances of recklessness the accused had the necessary intent to commit the crime because of the reckless behavior.
In circumstances of recklessness the accused had the necessary intent to commit the crime because of reckless behavior
Federal or provincial statutes meant to protect the public
Do not have to prove mens rea for many
Environment protection, workplace safety, Traffic offences
the desire to commit one wrongful act to accomplish another
strict liability offences
Offences which do not require mens rea.
Can offer the defense of due diligence.