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Flashcards in Chapter Six Deck (26):
1

Abetting

The crime of encouraging the perpetrator of a crime without providing physical assistance.
Although not stated, implies being present

2

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.

3

actus reus

“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.

4

aiding

Helping the perpetrator commit the crime.
Don’t have to be present

5

attempt

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.)

6

conspiracy

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)

7

counselling

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”.)

8

crime

Any action or omission of an act that is prohibited and punishable by federal statute.

9

criminal law

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

10

criminal negligence

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

11

due diligence

The defense that the accused took every reasonable precaution

12

general intent

commit a wrongful act with no additional motive (easier to prove)

13

intent

He or she meant to do something wrong, reckless regarding the consequences, results are foreseeable

14

knowledge

You have awareness of certain facts
Can be used to establish mens rea

15

liability

********the state of being responsible for something, esp. by law. **********

16

mens rea

“The Guilty Mind”
• The act was intentional, knowing, negligent, reckless, or wistfully blind (WINKR)

17

motive

• 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.

18

parties to an offence

People indirectly involved in performing a crime.

19

party to common intention

Shared responsibility among criminals for additional offences committed during the course of the original crime.

20

perpetrator

a person who commits an illegal or criminal act

21

quasi-criminal laws

Laws passed by provinces and municipalities
Cover less serious offences
Often punishment is through fines

22

recklessness

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

23

regulatory law

Federal or provincial statutes meant to protect the public
Do not have to prove mens rea for many
Environment protection, workplace safety, Traffic offences

24

specific intent

the desire to commit one wrongful act to accomplish another

25

strict liability offences

Offences which do not require mens rea.
Can offer the defense of due diligence.

26

willful blindness

Deliberately closing your mind to the possible consequences of your actions.
Aware of the need to make an inquiry but fail to do so because you do not wish to know the truth.