Chapter 2

Question 1

What two elements are essential for a criminal offence?

Answer 1

Actus reus and mens rea

Question 2

What is the mental element of the actus reus

Answer 2

The actus reus must be voluntary

Question 3

Actus reus

Answer 3

Culpable act

Question 4

What are the 3 C’s of the actus reus

Answer 4

Conduct, circumstances, consequences

Question 5

Do all three C’s of the actus reus need to be present

Answer 5

No

Question 6

Conduct

Answer 6

Voluntary act or omission that makes up the elements of a crime

Question 7

Circumstances

Answer 7

Circumstances contained in the definition of the offence that must be proven

Question 8

Consequences

Answer 8

Consequence caused by the conduct

Question 9

Do the actus reus and mens rea need to occur at the same time during the offence?

Answer 9

Yes

Question 10

Care or control

Answer 10

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

Question 11

What are the relevant circumstances of care of control

Answer 11

• intentional conduct with a motor vehicle by an impaired person
• was there a realistic threat to other persons or property

Question 12

Failure to act

Answer 12

Accused fails to perform legal duty and is considered to aiding/abetting another party

Question 13

Duty to rescue

Answer 13

General rule is that there is no duty to rescue (people are not required to endanger themselves or be a hero)

Question 14

Exceptions to duty to rescue

Answer 14

If the individual creates a dangerous situation they are obligated to mitigate the danger or protect others

Question 15

Failure to act as a party to an offence

Answer 15

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

Question 16

What are the two types of criminal responsibility?

Answer 16

Subjective and objective

Question 17

Subjective criminality

Answer 17

Based on what the particular accused believed, regardless of the reasonableness of that belief

Question 18

Objective criminality

Answer 18

Based on what a reasonable person would have appreciated under the circumstances

Question 19

Bigamy

Answer 19

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

Question 20

Intention

Answer 20

Use of free will to use particular means to produce particular results

Question 21

Assault

Answer 21

When one person voluntarily applies force or threatens to apply force to another person

Question 22

Complainant

Answer 22

Person who makes a complaint to the authorities that they have been a victim of a criminal offence

Question 23

Defendant

Answer 23

Person who has a criminal charge laid against them

Question 24

Acquittal

Answer 24

Official discharge from prosecution

Question 25

Omission

Answer 25

A failure to act when legally required to do so

Question 26

Criminal negligence

Answer 26

If doing or omitting to anything shows reckless disregard for the lives or safety of others

Question 27

Manslaughter

Answer 27

Unintentional homicide, mens rea is objective

Question 28

Voluntariness

Answer 28

A person’s conduct is result of their own free will