Criminal Law Flashcards
What is it?
Punishes behaviour that result in injury to people and/or property.
Quasi criminal
(Sorta criminal, traffic violations) Laws made by the provincial or municipal governments.
2 principles of criminal law (applies to government)
Presumption of Innocence, burden of proof
Presumption of innocence
The accused is presumed innocent until proven guilty.
Burden of proof
Crown’s counsel’s responsibility to prove that the accused is guilty.
Types of criminal offences
Summary, Indictable, Hybrid
Summary
Least serious offences under C.C.C., punishable by no more than two years less a day in prison or a fine, a person is not entitled to a jury trial.
Indictable
Most serious offences under C.C.C., punishable by up to life imprisonment and larger fines, A person is entitled to chose judge or jury trial, usually a preliminary hearing will occur.
Hybrid
Most offences, the Crown may choose to proceed by either indictment or summary conviction, crown considers factors such as: seriousness of act, accused’s prior criminal record, complexity of the case etc.
Summary offences (Criminal court procedure)
The accused appears before a provincial court judge for a trial that usually proceeds immediately, max penalty is normally $5000 fine, two years less a day in prison or both.
Indictable offences (Criminal court procedure)
Accused has 3 choices, have a judge alone hear the case in provincial court, have a judge and jury hear the case in a superior court, have a judge alone hear the case in a superior court.
Preliminary hearing
A judge examines the case to see if there is enough evidence to proceed with a trial.
Unanimous jury verdict?
Hung jury is declared, accused is found not guilty and the prosecution may try for a retrial.
Sentencing
Seriousness of the crime, the range of sentences possible in the criminal code, denouncing the harm to the victim, the prospects of rehabilitation.
Sentences
Fine, restitution, probation, community service, imprisonment.
Actus reus
A criminal act that was the result of voluntary bodily movement.
Omission
Criminal negligence is another form of acts reus
Men reas
The guilty mind refers to the accused’s intention, willful blindness or criminal negligence
Criminal negligence
This person did not realize the consequences of his or her actions, a reasonable person should have.
Manslaughter
The unlawful killing of someone without premeditation or so-called “malice aforethought”
Parties to an offence
Person who actually commits it, does or omits to do anything for the person aiding any persons to commit it; or abets any person in committing.
What is a hung jury
When the jury cannot reach a unanimous verdict, hung jury is declared. Accused is found not guilty and the prosecution may retrial.
What are the two elements of a crime
Mens rea, Actus reus
What are the criminal offences
Summary, Indictable, Hybrid
Willful Blindness
A person knows of the possibility of illegality but chooses not to ask questions or investigate the situation.
Intention
A person intends to commit the actus reus.
Criminal negligence
While this person did not realize the consequences of his or her actions, a reasonable person should have.
