Criminal Law Quiz Flashcards
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
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”
3
Q
What is the mens rea?
A
- The mental element of one’s criminal actions
- Latin for “guilty mind”
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
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
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
7
Q
What is motive?
A
- Refers to what prompts or causes a person to act or to not act
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
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
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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13
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