Definitions - Chapter 11

Question 1

Mistake of Law

Answer 1

A defense sometimes used if an accused has made every effort to conform to the law and has been provided with professional, but incorrect, advice.

Question 2

Intoxication

Answer 2

Being rendered incapable of forming criminal intent by alcohol or drugs
This condition may be used to disprove the existence of mens rea necessary for some crimes or as a mitigating factor in sentencing.

Question 3

Double Jeopardy

Answer 3

The prosecution of a person twice for the same offence.

Question 4

Mental Disorder (Defense)

Answer 4

A defense that, in 1992, replaced the insanity defense, with the verdict changing from “not guilty by reason of insanity” to “not criminally responsible by reason of mental disorder.”

Question 5

M’Naghten’s Rules

Answer 5

The test applied to the defense of insanity whereby an accused isn ot held criminally responsible if, at the time of committing the act, there was a disease of the mind that made him or her incapable of knowing the nature and quality of the act or that the act was wrong.

Question 6

Automatism

Answer 6

The state in which a person has no conscious control over his or her actions; a defense used so that people in this state cannot be found criminally responsible.

Question 7

Self-Defense

Answer 7

A justification for an alleged criminal act whereby an accused had the necessary mens rea and was supposedly defending himself or herself, property, or others

Question 8

Provocation

Answer 8

A defense that reduces the charge of murder to manslughter if it can be proven that the accused acted in the heat of passion and was sufficiently provoked such that any reasonable person may have reacted.

Question 9

Entrapment

Answer 9

A defence arguing that an accused was induced by a government agent (e.g. police officer) into committing a crime he or she would not otherwise have committed.

Question 10

Necessity

Answer 10

A defense that may excuse a person from criminal liability if it can be shown that he or she acted to protect life or limb in a reasonable manner.

Question 11

Duress

Answer 11

A defense arguing that an accused was forced to commit a criminal act under threat of personal injury or death.

Question 12

Denunciation

Answer 12

An objective of sentencing that allows a judge to consider society’s revulsion for a particular crime or the character or actions of a particular accused.

Question 13

Kinapple Principle

Answer 13

A person cannot be convicted of two offenses that are as a result of the same act.

Question 14

Specific Deterrence

Answer 14

An objective of sentencing that aims to prevent an individual offender from committing a crime again.

Question 15

General Deterrence

Answer 15

An objective of sentencing that aims to deter or discourage other members of society from committing the same crime.

Question 16

Rehabilitation

Answer 16

An objective of sentencing that provides for the treatment or correction of the offender.

Question 17

Aggravating Factors

Answer 17

Elements that increase an offender’s responsibility for his or her actions and are considered by the judge in imposing a more severe sentence

Question 18

Mitigating Factors

Answer 18

Factors that decrease the offender’s responsibility for his or her actions and are considered by the judge in imposing a less severe sentence (e.g. evidence that it was a first-time offence for the accused).

Question 19

Sentencing Circles

Answer 19

A system of restorative justice, rooted in Aboriginal cultures, whereby the community helps to determine an appropriate sentence for an offender who is willing to participate and accept responsibility for his or her actions.

Question 20

Proportionality

Answer 20

A fundamental principle of sentencing that allows the judge to weigh the seriousness of the offense when selecting an appropriate sentence.

Question 21

Parity

Answer 21

A principle of sentencing that allows a judge to consider sentences imposed on similar offenders committing similar offenses in similar circumstances.

Question 22

Totality

Answer 22

A principle of sentencing allowing a judge to consider a sentence that is not excessively harsh or long when an offender is ordered to serve a consecutive sentence.

Question 23

Restraint

Answer 23

A principle of sentencing that allows judges to consider options other than imprisonment when imposing a sentence.

Question 24

Probation

Answer 24

A sentencing option that allows offenders to live in the community subject to conditions (e.g. being of good behaviour)

Question 25

Restitution

Answer 25

A sentencing option whereby a judge orders the offender to compensate the victim for loss or harm done.

Question 26

Fines

Answer 26

Fines require the offender to pay a sum of money to the court