Chapter 6 Flashcards
Abetting
The crime of promoting the perpetrator to commit a crime
Absolute Liability Offences
A crime that does not require the mens rea portion to be convicted. Unlike a strict liability offence, the accused can offer no defence.
Actus Reus
In order for an offence or omission to be considered a crime it must be forbidden in the Criminal Code.
Aiding
The act of assisting a perpetrator on scene
Attempt
The criminal act of trying to commit a crime, but failing
Conspiracy
Like an attempt, this is thecriminal act of trying to commit a crime; however, it requires multiple people to be considered a conspiracy.
Counselling
The criminal act of advising, recommending, or persuading another person to commit a crime.
Crime
An act or omission that satisfies both mens reas and actus reaus
Criminal Law
The body of laws that prohibit and punish acts that negatively impact society
Criminal Negligence
The criminal act of disregarding the safety of others
Due Diligence
The defence that the accused took all the necessary steps in order to prevent incriminating themselves.
General Intent
The desire to commit a crime or wrongful act without exterior or interior motivation
Intent
The state of mind in which one desires to carry out the wrongful act. Establishes mens reas.
Knowledge
Awareness of facts regarding ones crime that can be used to establish ones mens rea.
Liability
Crimes which do not require mens rea.
Mens Rea
The portion of determine if an act or omission is a crime, based on one the accuseds intent
Motive
The reason a person would commit a crime
Parties to an Offence
People that are indirectly responsible for a crime
Party to a Common Intention
If additional crimes are committed in additonal to the original planned one, all involved will be convicted of both the original and the additional crime, regardless of their intent of the additional crimes.
Perpetrator
The person who actually commits the crime
Quasi-criminal Laws
Laws, which usually punish through fines, that are less serious and often under provincial or municipal jurisdiction.
Recklessness
the act of consciously taking risks that are unreasonable to most civilized people
Regulatory Laws
Federal or provincial statutes in place to protect the public welfare.
Specific Intent
The desire to commit a wrongful act in order to satisfy another
Strict Liability Offences
A liability offence (a crime harsh enough to not require the mens rea portion) that allows the accused to offer the defence due diligence
Willful Blindness
A deliberate closing of one’s mind to the possible consequences of their actions
Accessory After the Fact
The crime of assisting a perpetrator after their crime. A party to the offence.