Unit 3 - Criminal Law

Question 1

What is criminal law?

Answer 1

Deals with offences committed against society as a whole. As opposed to civil law (offences against individuals), bylaws, regulatory offences

Question 2

What are the two key elements of a crime?

Answer 2

Actus Reus: the guilty act or action
Mens Rea: the guilty mind

Question 3

What is onus?

Answer 3

Responsibility

Question 4

What are 3 types of actus reus?

Answer 4

• A person’s action
• omission: failure to act
• state of being: possession of something

Question 5

What is intent?

Answer 5

Person’s state of mind is such that they desire to carry out an action and can foresee the likely result

Question 6

What are the two types of mens rea?

Answer 6

General intent: you meant to do the thing

Specific intent: you meant to do the thing and for all the consequences that follow

Question 7

What is motive?

Answer 7

The rationale for committing an offence. A person can have motive and not commit an offence.

Question 8

What is recklessness?

Answer 8

Is taking a risk where the result of an action - committing a crime is foreseeable.

• intent to commit action
• risk is unreasonable
• actor knows it is likely to result in harm to others

Question 9

Rules for intoxication

Answer 9

Still responsible for consequences unless it was by accident or done by someone else

Question 10

What is considered an accident?

Answer 10

You’ve done your job but something still happens.

Question 11

What is considered negligence?

Answer 11

You didn’t do your job or you break the law and something happens.

Question 12

What is wilful blindness?

Answer 12

When a person is aware of the need to inquire further, but chooses not to, because they’d rather not know the truth

Question 13

Criteria for first degree murder

Answer 13

Specific intent: meant the action and meant the consequence of death. Preplanning.

Question 14

Criteria for second degree murder

Answer 14

Specific intent: meant the action and the consequence of death. No preplanning

Question 15

Criteria for manslaughter

Answer 15

General intent: meant the action that resulted in death. Didn’t intend for death. Often result of negligence/recklessness

Question 16

What is strict and absolute liability?

Answer 16

• separate category offences, less serious than those found in the Criminal Code
• these are more regulatory offences, for the general safety of the public not for punishing offenders

Question 17

Define strict liability

Answer 17

• all you need to prove for conviction is that the act was committed
• can use the defence of due diligence

Question 18

Define absolute liability

Answer 18

• does not require mens rea
• cannot use due diligence as a defence
• so guilty no matter the precautions you have taken

Question 19

What is attempt?

Answer 19

Once you’ve taken any measure or action to carry out an offence

Question 20

What is conspiracy?

Answer 20

An agreement between two or more persons to carry out an unlawful action or to perform a lawful action by unlawful means.

Question 21

What is a party to an offence?

Answer 21

Any person who commits an offence, aids a person to commit an offence, or abets a person committing an offence is a part to an offence under section 21 of the Criminal Code

Question 22

How are you charged if you aid or abet a crime?

Answer 22

• Under section 21(2), a person who plans an offence is just as guilty as the person who does it.

• if you incite somewhat to an offence you are equally as responsible as well.

Question 23

What does aiding mean?

Answer 23

• to assist the principle offender in commission of the crime
• could be before or during the crime

Question 24

What does abetting mean?

Answer 24

• to encourage a person to commit a crime
• could be before or during the crime

Question 25

What 3 things do you need to prove to convict someone for aiding or abetting?

Answer 25

• the crime was committed • the accused does some act that actually aids or abets the commission of the offence • the accused had mens rea for the offence (know the principle intending offence, intend to help them)

Question 26

What is common intention?

Answer 26

Two or more people have a common intention to carry out a crime and to aid each other in the offence. If one of them commits an offence on the side that was foreseeable when committing the original offence, the person who didn’t do the other offence is guilty as well.

Question 27

What is an accessory after the fact?

Answer 27

Someone who helps a person who has committed a crime to escape detention or capture. • occurs after crime committed and includes providing food, clothing, shelter

Question 28

What is the criteria for abandonment?

Answer 28

1) there was an intention to abandon or withdraw from the unlawful purpose 2) there was timely communication of this abandonment or withdrawal from the person in question to those who wished to continue 3) the communication served unequivocal notice upon those who wished to continue 4) the accused took, in a manner proportional to their participation, reasonable steps in the circumstances to either neutralize or cancel out the effect of their participation to prevent the commission of the offence.

Question 29

What is the charge for bystanders if any?

Answer 29

Unless they have a legal duty to act, or in absence of laws for a specific situation, mere bystanders are not guilty of any crime.