Chapter 4 Flashcards
What conditions must exist for an action to be considered a crime?
- It must be considered wrong
- It must cause harm
- The harm must be serious
- It must be dealt with through criminal law
What does the type of offence determine?
- The power of arrest
- The rights of the accused
- The nature of the trial
- The penalty imposed
What is a Summary Conviction offence?
A minor offence where the accused can be arrested or simply receive a summons to court. There is a six-month limitation for laying charges, and the accused doesn’t have to appear in court (unless the judge requests it).
What are the possible penalties for Summary Convictions?
Maximum penalty of $2000 and/or 6 months in jail.
What is an Indictable offence?
A serious crime that incurs more serious penalties. There is no time limit for laying charges and the accused is required to personally appear in court.
What are the possible penalties for Indictable offences?
Varying minimum penalties for many offences and a maximum penalty of life imprisonment.
What is a hybrid offence?
An offence that could be categorized as either Indictable or Summary Conviction depending on the gravity. Where the Crown gets to choose whether to proceed summarily or by indictment.
What does it mean to proceed summarily or by indictment?
The Crown decides whether to lay a charge as a Summary Conviction offence or as an Indictable offence.
What is Actus Reus?
It is the action committed or the lack thereof. (Guilty Act)
What is Mens Rea?
To have a guilty mind.
What are the 6 indicators of Mens Rea?
- Intent
- Knowledge
- Criminal State of Mind
- Recklessness
- Willful Blindness
- Criminal Negligence
What is the motive?
The rationale for committing a crime.
What is The Reasonable Person?
How actions are measured by the courts.
A person who intends to commit a crime but fails to complete the act is guilty of what?
Attempt.
An agreement to carry out an unlawful action is termed what?
Conspiracy.
What does it mean to aid?
To assist the principal offender in committing a crime.
What does it mean to abet?
To encourage or urge someone to commit a crime.
What two things must be proved before convicting someone of aiding or abetting?
- They had knowledge the person intended to commit a crime
- They aided or abetted the offender
What is an accessory after the fact?
Someone who helps a person who has committed a crime to escape detention or capture. - With the exception of a spouse.
