Chapter 6 Flashcards
Crime
An act that is prohibited and punishable by federal statute laws
3p’s
Protect
Preserve
Prevent and penalize disorder
Four conditions for an act to be a crime
- considered wrong
- causes harm
- harm is serious
- Remedy must be handled by justice system
What is our book of criminal law
The criminal code
Jurisdiction
Federal- statue law
Provincial- quasi -criminal laws
Municipal-by laws
Elements of a crime
Acts reus+ men’s rea
Guilty act(physical conduct) \+ guilty mind(intended to commit a wrong)
Intent
State of mind :
A. Wants to carry out a wrongful action
b. Knows the result
C. Reckless regarding consequences
Types of intent
Knowledge
Criminal negligence
Recklessness
Wilful blindness
Knowledge
An awareness of certain facts that can be used to establish intent (men’s rea)
Criminal negligence
Accused failed, to take precautions that any reasonable person would take to avoid causing harm
Recklessness
Taking of a risk where the result of the action, committing a crime is forseable
Ex. Driving without glasses
Willful blindness
Know you should make an inquiry but don’t want to know the truth
Ex. Buying obviously stolen property
Involvement in a crime:
Perpatrator
Person who commits the crime
Co-perp
One or more people directly involved in the crime
Aiding
Physically helping someone commit a crime
Abetting
Encouraging the perp to commit a crime
Counselling
Advising person to commit an offence
Accessory after the fact
Knowingly comforts or assists a perp in escaping
Legally married spouse extempt
Party to common intention
Shared responsibity of criminals for any crimes committed in the course of an offence
Conspiracy
Agreement between people to carry out an act even if it doesn’t occur
Attempt
Intent to commit a crime even no crime was committed
Actus
Begins the moment preparation turns into some physical step toward the commission of the offence
Men’s rea
Demonstrated by commencing the act with the means
General intent
the desire to commit wrongful act, with no ulterior motive or purpose
