Crimes and criminal offences Flashcards
What is a crime?
act or omission of an act that is prohibited and punishable by federal statute
Whats an omission of an act?
Some crimes are not acts in the strict sense but failure to act in certain situations, eg not paying taxes
4 conditions of a crime?
Act considered wrong by society,
act causes harm to society or to those who need protection (minors),
Harm must be serious,
remedy must be handled by criminal justice system
Who does a crime affect?
an offence to not just the direct victim of the crime but also against the public or society as a whole
Criminal law?
The body of laws that prohibit and punish acts which injure individuals, property and community.
Main purposes of criminal law
protect people and property
maintain order
preserve standards of public decency
Criminal code?
federal statute that contains the majority of laws passed by parliament
2 elements of a crime
Actus reus = Guilty action, physical act involved in crime, criminal act must be committed to qualify as an offence
Mens Rea = Guilty mind, moral guilt, implies person purposely did something wrong
crown can establish mens rea by proving accused had intent to commit crime
Intent?
State of mind where someone desries to carry out a wrongful action, aware of results and consequences
2 types general and specific
Whats the difference between general and specific
General is easier to prove, explains why some murder cases get tried for manslaughter (general intent crime) rather than murder (specific intent)
2 types of intent explain
general: person commits wrongful act for own sake, no ulterior motive or purpose
Specific intent: applies when someone commits one wrongful act for the sake of accomplishing another
G: hitting someone bc ur angry, crown proves actual hitting
S: hitting someone with intention of stealing phone
Omissions?
failing to do something is considered a wrongful act eg neglect
State of being
actus reus can also be established as this. eg being in possession of drugs, stolen goods
Actus reus must be voluntary not forced
eg robbing bank at gunpoint not voluntary
Motive
Reason a person commits a crime, intent refers to persons state of mind willingness to break law
eg kristen kills mother for inheritance (motive) BUT this does not establish state of mind. establish intent by proving crime was planned
Criminal negligence
Crown can proved mens rea existed by “knowing” and negligence. Accused failed to take circumstances any reasonable person would.
Criminal negligence: omitting anything which is your duty, not taking reasonable precautions
Recklessness?
Consciously taking an unjustifiable risk a reasonable person would not take, eg driving w no prescription glasses
Another way to prove mens rea
Wilful blindness?
Deliberate closing of one’s mind to the consequences of one’s actions, another way to prove mens rea
eg buying a tv spray painted aphs but choosing to ignore
When does strict & absolute liability occur
Less serious cases where crown does not need to prove mens rea. These cases are usually against regulatory law which protects public welfare, like speeding tickets, environmental protection and workplace safety
Strict liability?
Accused acknowledges offence took place but uses due diligence as defense
due diligence: defense in which accused took every reasonable precaution to avoid committing offense
Absolute liability?
No defense possible, accused does not require mens rea and cant provide defense.
Once court establishes crime took place, accused is found guilty
eg driving wo license
when does a child become a human being?
Once the child is alive and leaves the mothers body
Max penalty for someone who disposes of the body of a newborn child who has died?
2 years imprisonment (infanticide)
What type of offence is endangering animals?
hybrid offence
Max penalty for pulling fire alarm as a joke?
1 year in ontario, 2 in canada
