Crimm Chappy 3

Question 1

Define substantive criminal law

Answer 1

Legislation that defines the nature of various criminal offences

Question 2

What are the three categories of a criminal case?

Answer 2

Indictable, Hybrid (either or), Summary conviction (alternative or indictment)

Question 3

What is judge made criminal law? what section does this fall under?

Answer 3

Section 8(3) of crimm: common law defences (ex:nessesity) that can be developed by canadian judges

Question 4

Define actus reus? (3 parts)

is there an exception?

Answer 4

culpable or guilty act
3 parts: conduct, marterial circumstances, conseuqences of voluntary conduct

Perjury: exception to the division of the actus reus

Question 5

Define mens rea?

Answer 5

Guilty mind: Person must understand and intend consequences of their actions
Actions must be free will or not guilty
Mental elements other than voluntariness

Question 6

When is “failure to act” a crime?

Answer 6

Only a crime if pre-existing legal duty to act was instituted (ex: nessesities of life)

Question 7

Define and diferentiate subjective MR and objective MR

Answer 7

S: Deliberate intention
O: Reasonable person would have known / predicted the harm or risk

Question 8

Who proves NCR?

Answer 8

The defence

Question 9

What can a verdict of NCRMD mean for the offender?

Answer 9

Absolute discharge, conditional discharge, an order holding them in custody in a psychiatric facility

Question 10

What is the impact of the Charter on criminal law?

Answer 10

Reasonable limitation s(1) - allows governement to limit rights provided by the charter
Example: right to privacy can be violated during an investigation

Question 11

Define inchoate crime?

Answer 11

Accused person seeks the commission of a crime but is not successful in doing so