Chapter 6/8 Flashcards
What is mens rea?
The act was intentional
Mens rea refers to the mental state or intent of a person when committing a crime.
What is actus reus?
Unlawful action or omission by the perpetrator
Actus reus is the physical act of committing a crime.
What is possession in legal terms?
Knowledge of control
Possession implies having control over an item, particularly illegal substances.
Define quasi-criminal law.
Principally involves minor offenses such as trafficking
Quasi-criminal law typically deals with less severe offenses that may not be strictly criminal.
What constitutes aiding in a crime?
Helping the perpetrator
Aiding refers to assisting someone in committing a crime.
What is robbery?
Theft implies force or threat
Robbery involves taking property from a person through intimidation or violence.
What is specific intent?
Intent to commit one specific crime
Specific intent refers to the intention to achieve a particular result in committing a crime.
What are the two elements necessary for a crime to be called breaking and entering?
Breach of peace and intent to commit an offense
Breaking and entering typically involves entering a property unlawfully with the intent to commit a crime.
What is motive in the context of crime?
Reason for committing a crime
Motive explains why a person engages in criminal behavior.
What are the three types of homicide?
- Murder
- Infanticide
- Manslaughter
Homicide classifications depend on the circumstances and intent behind the act.
What is the difference between summary and indictable offenses?
Summary offenses are less serious; indictable are more serious
Summary offenses typically carry lighter penalties compared to indictable offenses.
Who decides whether a hybrid offense will be tried as either summary or indictable?
Crown
The Crown prosecutor has the discretion to determine the type of trial for hybrid offenses.
True or False: A person who drives a vehicle with more than 80mg of alcohol in 100 ml of blood is not guilty of an offense if they can show that the alcohol did not affect them.
False
Driving over the legal limit is an offense regardless of impairment.
True or False: In cases of infanticide, the accused must be the natural mother of the victim.
True
The law specifies that only the natural mother can be charged with infanticide.
What is a strict liability offense?
An offense where intent is not required to prove guilt
In strict liability offenses, the prosecution does not need to prove mens rea.
What is an absolute liability offense?
An offense that imposes liability without fault
Absolute liability offenses do not allow for defenses like due diligence.
What are the three sources of proof police use to determine if someone is impaired?
- Erratic driving
- Slurred speech
- Breath tests
Police use various indicators to assess impairment while driving.
What does sentencing for theft depend upon?
Value of property taken
The severity of theft charges and sentencing can vary based on the value of the stolen property.
What is the role of the perpetrator in a crime?
The person who commits the crime
The perpetrator is directly involved in the execution of the criminal act.
Fill in the blank: A _______ does not have to be present at the time of the crime.
perpetrator
A perpetrator can be involved in a crime without being physically present during its commission.
What is a disorderly house?
A place where illegal activities occur
Disorderly houses often involve activities like gambling or prostitution.
What is wilful blindness?
Closing one’s mind to the truth
Wilful blindness occurs when a person deliberately ignores evidence of illegal activity.
What is the Controlled Drugs and Substances Act?
Legislation governing drug offenses
This act outlines the legal framework for the regulation of controlled substances in Canada.
