Criminal Law Flashcards
(26 cards)
Explain “no consent”
Application of force to the complainant
Threat or fear of force
Fraud
Exercise of Authority
Name four types of defences?
No Consent
Entrapment
Compulsion
Duress
Explain “entrapment”
Timing of police conduct
Persistence by police
Type of inducement
Nature of crime
Explain “compulsion”
Threats of immediate death or bodily harm
Person who is present
Explain “duress”
Threats of death or harm do not need to be immediate
Person does not have to be present
Accused must show that there was no safe avenue of escape
What are the parties to an offence?
The person who actually commits the crime, Aiding, Abetting
Explain “aiding”
Assist or help the principle
What is the actus reus of aiding
Assist the principle by doing something or omitting to do something
What is the mens rea of aiding?
Purpose in intentions, or knowledge of
Explain “abetting”
Encouraging
Instigating
Promoting
Procuring
What is the actus reus of abetting ?
Done through words of encouragement
What is the mens rea of abetting
Intention, desire is not needed, knowledge of intention
What is the Canadian Charter of Rights and Freedoms?
Part of the constitution - supreme law
What are the three levels of government?
Judicial, executive, legislative
Explain courts
Determines if breach or violation occurred
Is violation sufficient to attract a remedy
Court decides remedy
Explain remedies
Stay of proceedings
Exclusion of evidence
Law declared unconstitutional
What are the three types of offences ?
State of being, omission, and act
How to asses mens rea
The crown must prove the accused made a choice to do something wrong voluntarily and knew the act was wrong
What is an assault
Non consensual contact
Explain state of being
Possession of weapons, controlled drugs, and break in tools
Explain omission offences
Failure to act
What is intent
Exercise of free will to use a particular means to produce a particular result
Explain motive
The mental process in a crime
Form 6
Summons
