Chapter 6 Flashcards

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1
Q

Abetting

A

the crime of encouraging the perpetrator to commit an offence (cheerleader)

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2
Q

Absolute liability offences

A

offences that don’t require mens rea and have no defence possible

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3
Q

Accessory after the fact

A

someone who knowingly receives, comforts or assists a perpetrator in escaping from the police

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4
Q

Actus Reus

A

latin for “the guilty act”, the voluntary action, omission or state of being that is forbidden by the Criminal Code

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5
Q

Aiding

A

a criminal offence that involves helping a perpetrator commit a crime

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6
Q

Attempt

A

the intention to commit a crime, even when the crime is not completed

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7
Q

Conspiracy

A

an agreement between two or more people to carry out an illegal act, even if that act doesn’t occur (same as attempt except between multiple people and easier to prove)

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8
Q

Counselling

A

a crime that involves advising, recommending or persuading another person to commit a criminal offence (puppet master)

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9
Q

Crime

A

an action or a lack of action that is prohibited and punishable by federal statute

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10
Q

Criminal law

A

the body of laws that prohibit and punish acts that injure people, property and society as a whole

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11
Q

Criminal negligence

A

wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death, different than recklessness because it’s a failure to perform a duty to society

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12
Q

Due diligence

A

the defence that the accused took every reasonable precaution to avoid committing a particular offence

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13
Q

General intent

A

the desire to commit a wrongful act, with no other motive or purpose

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14
Q

Intent

A

a state of mind in which someone desires to carry out a wrongful act, knows what the results will be and is reckless regarding consequences

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15
Q

Knowledge

A

an awareness of certain facts that can be used to establish mens rea

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16
Q

Liability

A

legal responsibility for a wrongful action

17
Q

Mens Rea

A

a deliberate intention to commit a wrongful act, with reckless disregard for consequences, can be established through WINKR

18
Q

Motive

A

the reason a person commits a crime

19
Q

Parties to an offence

A

people who are indirectly involved in committing a crime

20
Q

Party to common intention

A

the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit (two guys plan to do a robbery, one kills a civilian in the process, both can be charged with murder)

21
Q

Perpetrator

A

the person who actually commits the crime

22
Q

Quasi-criminal laws

A

laws that cover less serious offences at the provincial or municipal level, most often punishable by fines

23
Q

Recklessness

A

consciously taking an unjustifiable risk that a reasonable person would not take

24
Q

Regulatory laws

A

federal or provincial statutes meant to protect the public welfare, do not have mens rea aspect if broken

25
Q

Specific intent

A

the desire to commit a wrongful act for the sake of accomplishing another (ex. if Jack hits me with the hopes of knocking me out and stealing my wallet, Jack had specific intent to rob me)

26
Q

Strict liability offences

A

offences that do not require mens rea but to which the accused can offer the defence of due diligence

27
Q

Wilful blindness

A

a deliberate closing of one’s mind to the possible consequences of one’s actions