Chapter 2 Flashcards
What two elements are essential for a criminal offence?
Actus reus and mens rea
What is the mental element of the actus reus
The actus reus must be voluntary
Actus reus
Culpable act
What are the 3 C’s of the actus reus
Conduct, circumstances, consequences
Do all three C’s of the actus reus need to be present
No
Conduct
Voluntary act or omission that makes up the elements of a crime
Circumstances
Circumstances contained in the definition of the offence that must be proven
Consequences
Consequence caused by the conduct
Do the actus reus and mens rea need to occur at the same time during the offence?
Yes
Care or control
Offence to be in the “care or control” of a vehicle or vessel while impaired or blood alcohol level is greater than 80/100 mg
What are the relevant circumstances of care of control
- intentional conduct with a motor vehicle by an impaired person
- was there a realistic threat to other persons or property
Failure to act
Accused fails to perform legal duty and is considered to aiding/abetting another party
Duty to rescue
General rule is that there is no duty to rescue (people are not required to endanger themselves or be a hero)
Exceptions to duty to rescue
If the individual creates a dangerous situation they are obligated to mitigate the danger or protect others
Failure to act as a party to an offence
If an offence is committed by a third party and the accused has a duty to act, the accused can also be charged with the offence
What are the two types of criminal responsibility?
Subjective and objective
Subjective criminality
Based on what the particular accused believed, regardless of the reasonableness of that belief
Objective criminality
Based on what a reasonable person would have appreciated under the circumstances
Bigamy
When a person goes through a form of marriage while married to another person, marriage while knowing the other person is married, marriage with more than one person at one time
Intention
Use of free will to use particular means to produce particular results
Assault
When one person voluntarily applies force or threatens to apply force to another person
Complainant
Person who makes a complaint to the authorities that they have been a victim of a criminal offence
Defendant
Person who has a criminal charge laid against them
Acquittal
Official discharge from prosecution
Omission
A failure to act when legally required to do so
Criminal negligence
If doing or omitting to anything shows reckless disregard for the lives or safety of others
Manslaughter
Unintentional homicide, mens rea is objective
Voluntariness
A person’s conduct is result of their own free will
