Criminal Law Quiz Flashcards

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1
Q

What are regulatory offences?

A
  • Offences that concern traffic laws, health and safety laws, environmental protection laws, etc.
  • Offences that are legislated by both the federal and provincial governments
  • Have a lower threshold of proof than regular offences because the punishment is less severe
  • Proving the mens rea is not necessary
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2
Q

What is the actus reus?

A
  • The physical or guilty act, omission of an act, or state of being that constitutes a crime
  • Latin for “guilty act”
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3
Q

What is the mens rea?

A
  • The mental element of one’s criminal actions
  • Latin for “guilty mind”
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4
Q

What is the subjective standard of intent?

A
  • Measuring whether the accused his or herself knew or should have been able to anticipate the consequences of his or her actions
  • More difficult to prove
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5
Q

What is the objective standard of intent?

A
  • Measures whether, compared to a reasonable person, the accused should have been able to foresee the consequences of his or her actions
  • Easier to prove
  • The standard of intent that the Crown usually tries to prove
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6
Q

What is intent?

A
  • Refers to the state of mind with which an act is done or not done
  • Refers to waht one intended to do when they committed a crime
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7
Q

What is motive?

A
  • Refers to what prompts or causes a person to act or to not act
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7
Q

What is general intent?

A
  • The intent that shows that the accused meant to commit the crime that they committed
  • Ex. If Brian swings his golf club at John with the intent to hit him and injure him, this is assault
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8
Q

What is the doctrine of transferred intent?

A
  • The doctrine that states that if the accused intended to commit a crime against one person but injured another person instead, the original criminal intent still applies and is transferred to the unintended victim
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9
Q

What is specific intent?

A
  • The intent that is in addition to the general intent to commit a crime
  • Ex. Burglary is the breaking and entering of a house with the intent to commit an indictable offence (ex. to steal)
  • The “break and enter” aspect of the crime requires general intent
  • The “intent to commit an indictable offence” (ex. to steal) requires specific intent
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10
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