Ch. 6 & 8 Flashcards
Mens Rea
“the guilty mind”. the accused person deliberately did something he or she knew to be wrong, with reckless disregard for the consequences.
Actus reas
“the guilty act”. physical act involved in committing the criminal offence.
Quasi-Criminal law
laws that are not considered criminal laws are passed by provinces or municipalities. laws most often punishable by fines.
Specific Intent
the desire to commit one wrongful act for the sake of accomplishing another.
Motive
the reason a person commits a crime.
Hybrid Offence
also known as dual procedure offence; the crowns may proceed by summary conviction or indictable offence
Counselling
a crime that involves advising, recommending, or persuading another person to commit a criminal offence.
Perpetrator
the person who actually commits the crime.
Trafficking
involves selling, giving, transporting, or distracting a controlled or an authorization for a controlled substance.
Indictable Offence
a more serious crime that carries a heavier penalty.
Summary Conviction
a less serious crime that carries a lighter penalty.
Disorderly House
a common bawdy, betting, or gaming house.
Culpable Homicide
a killing for which the accused can be held legally responsible.
Possession
the state of having knowledge of and control over something.
Aiding
a criminal offence that involves helping a perpetrator commit a crime.
Conspiracy
an agreement between two or more people to carry out an illegal act.
Abetting
encouraging the perpetrator to commit an offence.
Wilful Blindness
closing of one’s mind to the possible consequences of one’s action.
Theft
taking property permanently or temporarily, without the owner’s permission.
Robbery
theft of personal property through violence or the threat of violence.
Breaking and Entering
breaking into a place and having the intent to commit an indictable offence once inside.
Homicide
the killing of another human being, either directly or indirectly.
General Intent
the desire to commit a wrongful act with no purpose.
3 different types of offences in the Criminal Code?
Summary
Indictable
Hybrid
Who decides whether a hybrid offence will be tried as either summary or indictable?
The crown decides
Difference between mischief and public mischief?
Mischief is committed by destroying property or data, or interfering with the lawful use of property or data.
Public mischief occurs when someone provides false information to the police and misleads them in their investigation.
Strict Liability
Does not require mens rea, he or she took every every reasonable precaution to avoid committing the offence.
Absolute liability
it means there is no defence possible and do not require mens rea.
How do police determine if someone is impaired?
3 sources
- Erratic driving, slurred speech, inability to walk a straight line.
- Breathalyzer
- Blood sample
What is theft?
Theft is taking property, permanently or temporarily without the owner’s permission.
What does sentencing for theft depend upon?
Sentencing for theft depends on the value of the goods stolen.
How is robbery different from theft?
Robbery is theft involving violence or threat.
What are the two elements necessary for a crime to be called breaking and entering?
Breaking into the place and having the intent to commit indictable offence once it’s inside.
3 types of homicide?
Manslaughter
Infacticide
Muder
Where else will you fine drug offences?
the controlled drugs and substances act.
What is possession?
the state of having knowledge of and control over something.
