Chapter Six

Question 1

Abetting

Answer 1

The crime of encouraging the perpetrator of a crime without providing physical assistance.
Although not stated, implies being present

Question 2

accessory after the fact

Answer 2

An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.

Question 3

actus reus

Answer 3

“The guilty action”
In most cases a criminal act must be completed to meet the criteria of as an offence.
Actus Reus must be voluntary.

Question 4

aiding

Answer 4

Helping the perpetrator commit the crime.

Don’t have to be present

Question 5

attempt

Answer 5

Had the intention (Mens Rea) to commit a crime but it was not carried through.
Attempt does not require the standard Actus Reus (The physical preparation/planning of the crime- stealing weapons, written plans, ect.)

Question 6

conspiracy

Answer 6

An agreement between two or more people to carry out an illegal act, even if that act does not actually occur.
(Same as attempt, but with more than one person)

Question 7

counselling

Answer 7

Involves advising, recommending or persuading another person to commit a criminal offence.
(Beyond encouragement, to providing a “road map”. Instructing someone in a criminal offence. “You’re the boss”.)

Question 8

crime

Answer 8

Any action or omission of an act that is prohibited and punishable by federal statute.

Question 9

criminal law

Answer 9

The body of laws that prohibit and punish acts that injure individual people, property, and the entire community. 
Main purpose of criminal laws: 
1.) Keep order
2.) Protect people and property
3.) Preserve standards of public decency

Question 10

criminal negligence

Answer 10

Everyone is criminally negligent who:
In doing anything, or
In omitting to do anything that it is his duty to do, shows a wanton or reckless disregard for the lives or safety of others.
The mens rea is the “wanton or reckless disregard”
Judged by what a reasonable person would do

Question 11

due diligence

Answer 11

The defense that the accused took every reasonable precaution

Question 12

general intent

Answer 12

commit a wrongful act with no additional motive (easier to prove)

Question 13

intent

Answer 13

He or she meant to do something wrong, reckless regarding the consequences, results are foreseeable

Question 14

knowledge

Answer 14

You have awareness of certain facts

Can be used to establish mens rea

Question 15

liability

Answer 15

**the state of being responsible for something, esp. by law. ****

Question 16

mens rea

Answer 16

“The Guilty Mind”

• The act was intentional, knowing, negligent, reckless, or wistfully blind (WINKR)

Question 17

motive

Answer 17

• The reason a person commits a crime
• Intent refers to state of mind
• Motive is not one of elements that the crown must prove to convict the accused.

Question 18

parties to an offence

Answer 18

People indirectly involved in performing a crime.

Question 19

party to common intention

Answer 19

Shared responsibility among criminals for additional offences committed during the course of the original crime.

Question 20

perpetrator

Answer 20

a person who commits an illegal or criminal act

Question 21

quasi-criminal laws

Answer 21

Laws passed by provinces and municipalities
Cover less serious offences
Often punishment is through fines

Question 22

recklessness

Answer 22

In circumstances of recklessness the accused had the necessary intent to commit the crime because of the reckless behavior.
In circumstances of recklessness the accused had the necessary intent to commit the crime because of reckless behavior

Question 23

regulatory law

Answer 23

Federal or provincial statutes meant to protect the public
Do not have to prove mens rea for many
Environment protection, workplace safety, Traffic offences

Question 24

specific intent

Answer 24

the desire to commit one wrongful act to accomplish another

Question 25

strict liability offences

Answer 25

Offences which do not require mens rea.

Can offer the defense of due diligence.

Question 26

willful blindness

Answer 26

Deliberately closing your mind to the possible consequences of your actions.
Aware of the need to make an inquiry but fail to do so because you do not wish to know the truth.