Criminal Law Flashcards
pages 2-4
What is a crime?
It is the act or ommission of an act that is prohibited and punishable by federal statue.
What are the 3 purposes of Criminal Law?
to. ..
- protect people and property
- maintain order
- preserve standards of public decency
What is the CCC
the Criminal Code or Canada
a federal statute containing most of the Canadian criminal laws
What are the elelemtns that make up a crime.
Mens Rea and Actus Reus
What is Actus Reus?
guilty act
voluntary action, omission, or state of being that is prohibited by the CCC
What is Mens Rea?
guilty mind
deliberate intention to commit a prohibited act
By what 4 ways can you prove Mens Rea?
- Intent
- Knowledge (awareness of certain facts)
- Recklessness (takes an unjustifiable risk that a reasonable person wouldn’t take)
- Willful Blindness (totally disregarding the consequences of your actions)
What is General Intent?
the desire to commit a wrongful act woth no other ulterior motive.
What is Specific Intent?
the desire to commit a wonngful act as a step towards another wrongful act…a steping stone.
What are the two exceptions to Mens Rea?
Strict liability offences and absolute liability offences
What is the difference between Strict and absolute liability offences?
strict: defence due diligence
absolute: no defence
What does Aiding vs Abetting a crime mean?
Aiding: when you help
Abetting: encouraging or supporting somone to comite the crime
What does it mean to be the perpetrator of a crime?
the persone who actually commits the crime
What does is mean to be accessory after the fact to a crime?
when someone knowingly receives or assists a perpetrator in escaping from the police
Is an incomplete crime punishable by law? What are the types of partial crimes?
Yes
- Attempt: somone with an inttnet do commit a crime but the crime is not completed.
- Conspiracy: two or more people who hav emade an agreememtn or plan to comit an ilegal act even if they dont carry it out.
Explain the three levels of criminal offences?
1) Summary conviction (lightedst scentence, max 2 years)
2) Indictable offences (heavyer scentence min 2 years)
1.5) Hybrid offences can be truied as either summary or indictable
What are the sub-orgainizations of Homicide? from least to most severe.
- 1st degree murder
- 2nd degree murder
- infanticide
- manslaughter
What are the sub-levels of assault and sextual assault in order of least to most severe?
1 - A: - SA: non-consentual touching (Hybrid offence) 2 - A: - SA: threats, armed, causing bodily harm 3 - A: threat to life, disfiguement - SA: rape
What are the sub-orgainzations of motor vehicle offences?
- Dangerous driving
- failure to stop (hit and run)
- impaired driving
What are four criminal offences aginst property?
- theft under 5 000
- theft over 5 000
- robbery
- breaking and entering
What is mischief?
- willfully destroying or damaging
- interfering with lawful use of
- intefering with and peron in the lawful use of
property or data
What is fraud?
intentionally deciving somone in order to cause a loss of property, money or service
Where are the charges related to drug offences outlined?
Controlled Drugs and Substances Act
What are the different types of drug offences for controlled substances?
- Possession
- Possiession for the purposes of trafficking
- Trafficking
