Chapter 4: Criminal Law and Criminal Offences

Question 1

Civil law

Answer 1

A term for private law governing the relationships between individuals; also, a term for the legal system of Quebec, based on Roman law, as distinct from English common law

Question 2

Criminal law

Answer 2

Body of public law that declares acts to be crimes and prescribes punishments for those crimes

Question 3

Break and enter

Trespassing

Answer 3

To enter another’s premises without permission by breaking or opening anything that is closed; also called burglary.

Enter property/land without permission.

Question 4

Summary conviction offences

Answer 4

“Guilty” finding (conviction) for a summary conviction offence, which is a fairly minor criminal action
Maximum 6 months in prison or $2000 fine.

Question 5

Hybrid offences

Answer 5

Criminal offences that may be tried, at the Crown’s option, as summary conviction offences or indictable offences, with the corresponding less or more severe punishment.

Question 6

Actus reus

Answer 6

Latin phrase meaning “a wrongful deed”; the criminal act or omission to act, which with mens rea, makes one criminally liable

Question 7

General intent

Answer 7

Intent limited to act itself and inferred from that act, such as an assault in which intent is inferred from the fact that the accused did apply force

Question 8

Specific intent

Answer 8

Intent that goes beyond act itself, as in break and enter, in which the Crown must prove the unlawful action of breaking and entering and the specific intent of committing a further indictable offence, such as theft

Question 9

Motive

Answer 9

Reason for committing a certain act

Question 10

Recklessness

Answer 10

State or instance of acting carelessly or without regard for the consequences of one’s actions

Question 11

Strict liability offences

Answer 11

Regulatory offences (not Criminal Code offences) for which only actus reas must be proven, not mens rea, and for which due diligence can be a defence

Question 12

Absolute liability offences

Answer 12

Regulatory offences (not Criminal Code offences) for which only actus reus must be proven, not mens rea

Question 13

Due diligence

Answer 13

Defence that the accused took reasonable care not to commit the act (ex. polluting) or that the accused honestly believed his/her actions were innocent

Question 14

Attempt

Answer 14

Effort or a try; an act done with the intent to commit an offence

Question 15

Conspiracy

Answer 15

Serious agreement or arrangement to commit an unlawful act

Question 16

Abetting

Answer 16

Encouraging, inciting, or urging another person to commit a crime

Question 17

Aiding

Answer 17

Helping or assisting someone in committing a crime

Question 18

Accessory after the fact

Answer 18

Someone who, after a crime is committed and knowing that it was, receives, comforts, or helps the criminal so that he/she can escape

Question 19

Indictable offences

Answer 19

Severe or particularly serious criminal offences (ex. murder, treason), which have correspondingly severe penalties and which proceed by way of a formal court document called an indictment

Question 20

Mens rea

Answer 20

Latin phrase meaning “a guilty mind”; the knowledge, intent, or recklessness of one’s actions, which together with actus rea, makes one criminally liable.

Question 21

Intent

Answer 21

True purpose of one’s actions; also, the state of a person’s mind who knows and desires the consequences of his/her actions; also, a key characteristic of the tort of negligence. In criminal law and depending on the offence, the Crown must prove general or specific intent.

Question 22

Knowledge

Answer 22

The awareness or understanding of certain facts, which provides the necessary mens rea for an offence.