ch.3 Flashcards
to encourage, incite or set another to commit a crime.
abet
a criminal offence in which intent is assumed to be present and need not be proben. if you were caught with B and E charged w/attempted burgulary even tho you have not committed the crime
absolute liability
a person who receives comforts, or assists another person to escape custody or the police know that the person is party to an offence. (exception is spouse)
accessory after te fact
“wrongful action”. MUST be proved for someone to be found guilty of committing a crime.
actus reus
a guilty mind. must be proved in court that you knew what you were doing was wrongful
mens rea
to decline to make some inquiry, knowing the need to do so because the person does NOT wish to know the truth “a whatever attitude”
wilful blindness
a fairly minor criminal offence tried summarily or immediately w.out a preliminary hearing or jury. A minor offence
summary conviction offence
a judge will look at all the evidence and decide if it is worthy of a trial
preliminary hearing
imposed in tort law (sue civily) when a lawful activity exposes others to harm or risk even tho there isnt fault on the wrong doer’s part.
strict liability
a criminal offence which requires an intentional unlawful action
specific intent
a state of mind that pays no regard to the probable or the pausible injuries. consequences of an act willful blindness
recklessness
an offence against certain prov’ laws not part of the federal criminal law
quasi (criminal law)
not doing something
omission
to know certain facts, which provide the necessary mens rea from an offence
knowledge
authority or power to do something, such as make laws
jurisdiction
something planned causing a wrongful consequence; a person’s state of mind in which the person desires to carry out a certain action and can foresee the illegal results
intent
a severe criminal offence for which the crown proceeds by indictment it carries a severe penalty
indictable offence
to charge someone with an offence
indictment
an offence that is punishable as an indictable or summary offence at the option of the crown
hybride offence
a criminal offence that does not require an intentional unlawful action but only that a wrongful act was committed
general intent
a defence that t. accused took reasonalbe care not to commit t. offence or that t. offence was committed in honest belief by t. accused that her actions were innocent
due diligence
offence that is punishable as either summary or indictable at t. option of t. crown
dual procedure offence
t. body/public law that declares acts to be crimes and prescribes punishment for those crimes
criminal law
a statute containing the main criminal offences in canada the rules for prosecuting and appealing them and the penalties that apply to each offence
criminal code of canada
every province has
- provincial supreme court
- prov’ court of appeal
- the supreme court of canada
another term for private law governing the relationship between individuals the legal system of quebec
civil law
the have intent to commit an offence and to do or omit to do anything for the purpose of carrying out a crime
attempt
to help, assist, or facilitate the commission (doing) of a crime
aid
