Criminal law Flashcards
Requisite intention
Mens rea that crown has to prove
Absolute and Strict liability - what kind of offence
Regulatory offence, no criminal offence
Information
Prepared to get a warrant
Prelim only for
Indictables
Sentencing
Pre sentencing report prepared by probation officer plus victim impact statement
Process
Crime, investigation, arrest, arraignment, bail, crown disclosure, conference, prelim, trial, then re arraignment
2 types of defence
Negativing defence: raise reasonable doubt(alibi), affirmative defence: justify the act of accused
General intent offence
Can’t be used as intoxication,
Retribution
Punishing someone who commits a crime, must be fair
Sentencing aims
Denunciation, rehabilitation, separation, detterence
Sentencing procedure
Summary- immediate sentencing
Indictable: pre sentencing report, victim impact statement, helps judge decide
Sentencing hearing: considers aggravating circumstances, mitigating circumstances
Criminal offence must have
Actus reus and mens rea
Subjective vs objective mens rea
Objective: reasonable person had the intent
Subjective: takes into account other factors
Blood splatters
Height of fall, direction of blow
Police powers and charter
Admissibility of evidence (sec 24), Search and seizure, habeus corpus, cant search w/o warrant
Most trials are dealt with
Guilty pleas
Jury array
Potential jurors
Who can be a jury member
18+ citizen
Empanneling a jury
Picking the 12
Jury nullification
Jury decides on an acquittal not because the law is bad but because they believe the law doesnt apply in that specific case
Jury challenges
Peremptory challenges: defence/crown wants a jury member off, doesnt have to give reason
Challenge for cause: jury is impartial
Defences
Automatism, duress/compulsion, self defence, mistake of fact, mental disorder, intoxication
Mistake of fact
Accused didnt know the facts, mens rea not present, happens in sexual assault cases
Mental disorders
Not fully acquitted, they need to find a course of treatment. Still dangerous to society
