Criminal Law (Unit 3) Flashcards
Criminal Negligence
Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death
Recklessness
Consciously taking an unjustifiable risk that a reasonable person would not take
Wilful Blindness
A deliberate closing of one’s mind to the possible consequences of one’s actions
Absolute Liability Offence
Protection from legal action for statements made during legislative or court proceedings
Due Diligence
The defence that the accused took every reasonable precaution to avoid committing a particular offence
Perpetrator
The person who actually commits a crime
Abetting
The crime of encouraging the perpetrator to commit an offence
Aiding
Helping the person who actually commits a crime
Counselling
A crime that involves advising, recommending, or persuading another person to commit a criminal offence
Accessory After the Fact
Knowing a person that has committed a crime and helping them escape.
Attempt
The intention to commit a crime, even if the crime is not completed
Conspiracy
An agreement between two or more people to carry out an illegal act, even if that act does not actually occur
Reverse Onus
Shifting the burden of proof to the defence
Habeas Corpus
A court order designed to prevent unlawful arrest by ensuring that anyone detained is brought before a court within a reasonable amount of time; Latin for you must have the body.”
Summary Offence
A minor offence that carries a relatively light penalty
Indictable Offence
A serious crime that carries a heavier penalty than a summary conviction offence
Hybrid Offence
An offence that the Crown can try either as a summary or an indictable offence
Culpable Homicide
A killing for which the accused can be held legally responsible, such as murder infanticide, or manslaughter
Non-Culpable Homicide
A killing for which a person cannot be held legally responsible, such as one that results from an unforeseeable accident
1st Degree Murder
A killing that is planned and deliberate, is the result of a contract, causes the death of a peace officer, or occurs during the commission of another serious crime
2nd Degree Murder
Any murder that does not fit into one of the four situations listed in the category of first-degree murder
Manslaughter
Any culpable homicide that is not murder or infanticide
Assault
Threatened or actual physical contact without consent; offensive conduct that causes reasonable apprehension of imminent harm in the mind of the intended victim
Provocation
Words or actions that could cause a reasonable person to behave irrationally or lose self-control