Chapter 4- Introduction to Criminal Law

Question 1

actus reus

Answer 1

“a wrongful deed”; the physical act of a crime

Question 2

mens rea

Answer 2

“a guilty mind”; the knowledge, intent, or recklessness of one’s actions

Question 3

criminal code

Answer 3

main source of criminal law in Canada and describes which acts are offences and explains their punishments

Question 4

hybrid offence

Answer 4

criminal offence that may be tried, at the crown’s opinion, as a summary conviction offence or indictable offence, with corresponding less or more severe punishment

Question 5

summary conviction offence

Answer 5

a minor criminal offence in contract to an indictable offence (summarily) without a preliminary hearing or jury

Question 6

indictable offence

Answer 6

a more serious crime that invites a greater punishment

Question 7

the Law Reform Commission’s 4 conditions for an act to be considered a crime:

Answer 7

1. the act must be considered immoral by most Canadians
2. the act must harm individuals and society
3. harm caused by the act must be serious in nature
4. the person must be punished by the criminal justice system

Question 8

legal

Answer 8

any action that does not harm others and is not against the law

Question 9

illegal

Answer 9

an action that is considered immoral; not legal but also not criminal

Question 10

criminal

Answer 10

an action that is considered immoral and potentially harmful to others; included in the criminal code

Question 11

the Law Reform Commission’s 7 principles of justice or fairness in the justice system:

Answer 11

1. fairness
2. efficiency
3. clarity
4. restraint
5. accountability
6. participation
7. protection

Question 12

self conviction

Answer 12

less serious criminal offences (misdemeanors)

Question 13

3 categories of offence:

Answer 13

1. self conviction
2. indictable
3. hybrid

Question 14

indictable

Answer 14

a more serious criminal offence with a severe punishment

Question 15

hybrid

Answer 15

a criminal offence in which the Crown decides how to treat the charge (summary or indictable)

Question 16

time limit

Answer 16

to lay charges is known as a statute of limitations

Question 17

maximum punishment for summary

Answer 17

$2000 fine and/or 6 months of prison

Question 18

maximum punishment for indictable

Answer 18

life in prison

Question 19

maximum punishment for hybrid

Answer 19

2-10 years in prison

Question 20

time limit for summary

Answer 20

charges must be laid within 6 months of alleged incident

Question 21

time limit for indictable

Answer 21

no time limit or statute of limitations

Question 22

time limit for hybrid

Answer 22

no limit or status on where the case is tried as a summary or indictable

Question 23

recklessness

Answer 23

the careless disregard for the possible results of an action

Question 24

willful blindness

Answer 24

occurs when someone purposely ignores certain facts or information

Question 25

motive

Answer 25

an accused’s reason for committing a certain act

Question 26

attempts

Answer 26

a person who intends to commit a crime but fails to complete it can be found guilty of a mens rea offence

Question 27

conspiracy

Answer 27

an agreement between two or more people to commit a crime

Question 28

aiding

Answer 28

a person who assists or helps someone to commit a crime

Question 29

abetting

Answer 29

the act of encouraging a person to commit a crime

Question 30

accessory

Answer 30

someone who knows someone committed a crime and helps the person who committed the crime to escape the police

Question 31

organized crime

Answer 31

a person of three or more people with a common identity for criminal purposes

Question 32

the five main courts:

Answer 32

1. provincial courts- criminal division
2. provincial superior court- appeals and trials
3. provincial court of appeal
4. federal court
5. supreme court

Question 33

job of provincial court

Answer 33

hears and tries summary conviction offences and misdemeanours

Question 34

job of provincial superior court

Answer 34

tries the most serious crimes

Question 35

job of provincial court of appeal

Answer 35

the final court of appeal in the province

Question 36

job of the federal court

Answer 36

divided into two parts: federal court and federal court of appeal; hears legal disputes that involve the federal government (eg- jurisdiction, immigration, copyright issues)

Question 37

job of supreme court of canada

Answer 37

the highest court of appeal in the country, must be of national importance ( a law must be interpreted). there are 9 judges and can serve until they are 75 years old

Question 38

job of supreme court of canada

Answer 38

the highest court of appeal in the country, must be of national importance ( a law must be interpreted). there are 9 judges and can serve until they are 75 years old