Criminal Law Test Flashcards
(29 cards)
What is the purpose of criminal law?
There for our protection. Protects:
One’s own safety, safety of others, private property, standards of decency, public order.
Where criminal law comes from, which governments have power to create criminal and quasi criminal offences.
Comes from laws made by governments and court decisions.
Federal makes criminal laws, provincial makes quasi criminal offences.
Difference between actus reus and men’s rea
Actus reus is the physical act, men’s rea is the intent
General intent
Meant to do the act
Ex. Punching one and meant to hit them but not break jaw
Specific intent
Meant to do the act and achieve a further goal
Ex. Breaking in house to steal
Knowledge
Knew a fact and still acted
Ex. Using a card that you know is stolen
Recklessness
Knew the risk but did it anyways
Ex. Speeding through crowded area knowing u can hit one
Wilful blindness
Chose not to know the truth
Ex. Taking shady package thinking there’s drugs but don’t ask what’s inside
Criminal negligence
Didn’t see risk that a normal person would
Ex. Leaving a loaded gun next to a kid
Aiding
Helping someone commit a crime
Ex. Giving tools for break in
Abetting
Encouraging someone to do a crime
Ex. Telling a friend to do cocaine
Counselling
Advising someone to do a crime
Ex. Telling one how to commit fraud
Summary offence description, min and max penalty
Minor crimes only in provincial courts. max penalty of 2 years less a day in jail or 5k fine
Ex. Causing a disturbance
Indictable offence description, min and max penalty
Serious crimes, can be in higher courts.
max life in prison, some have minimum
Ex. Murder
Hybrid offence description, min and max penalty
Can be either summary or indictable, chosen by the crown. No max or min, treated like indictable till court decides.
Hyrbid=Flexible depending on how serious case is
Ex. Assault is hybrid
Culpable homicide definition
Killing someone with intent
Ex. Intentionally killing one
Non culpable homicide definition
Killing someone with no intent
Ex. Killing one in a car crash with no intent
First degree murder definition
Planned and intentional murder
Second degree murder definition
Reckless murder with no planning but you still meant to kill the person
Manslaughter definition
Causing death through wrongful action but no intent to kill
Ex. Punching someone and they die
Provocation definition
Can reduce murder to man slaughter if killer lost self control
Ex. Wife cheats and man reacts violent
3 levels of assault
Level 1 assault: Pushing or threatening with violence
Level 2 assault: Assault with weapon
Level 3 aggravated assault: Endangering life
3 levels of sexual assault
Level 1: Sexual assault with no consent, ex touching
Level 2: With weapon, threats, bodily harm
Level 3: Endangers life during sexual assault
Theft vs robbery
Theft is stealing with no violence, threats. Ex stealing phone from bag
Robbery is stealing with threat of violence. Ex stealing wallet with knife
