Review Flashcards
What is mens rea?
The mental state or intent of a person when committing a crime
Mens rea is often referred to as the ‘guilty mind’ and is a key element in establishing criminal liability.
What does actus reus refer to?
The physical act or conduct that constitutes a criminal offense
Actus reus is often referred to as the ‘guilty act’ and is essential in proving that a crime has been committed.
Define quasi-criminal law.
Laws that impose penalties similar to criminal law but do not involve criminal prosecution
Quasi-criminal laws often involve regulatory offenses and may result in fines or sanctions rather than imprisonment.
What is specific intent?
The intention to achieve a particular result or outcome in committing a crime
Specific intent distinguishes between general intent and crimes that require a specific purpose.
What is the difference between motive and intent?
Motive explains why a person commits a crime, while intent refers to the purpose behind the action
Understanding motive can provide context but is not a required element for proving guilt.
What is a hybrid offence?
An offense that can be prosecuted either as a summary conviction or an indictable offense
Hybrid offenses provide flexibility in the legal process, allowing prosecutors to choose the appropriate level of charge.
Define counselling
Counselling involves providing guidance or advice to someone, often in a professional context
It can pertain to various fields like mental health, legal matters, or educational settings.
What is a perpetrator?
A perpetrator is a person who commits a crime or a wrongful act
This term is often used in legal contexts to refer to those who carry out illegal activities.
Define trafficking
Trafficking refers to the illegal trade of goods or people, often for exploitation
Commonly associated with human trafficking, drug trafficking, and arms trafficking.
What is an indictable offence?
An indictable offence is a serious crime that can be tried in a higher court
Examples include murder and robbery.
Define summary conviction
A summary conviction is a less serious offence that is typically tried in a lower court
It usually results in lighter penalties compared to indictable offences.
What is a disorderly house?
A disorderly house is a place where illegal activities occur, often related to public disorder or nuisance
This can include houses used for drug use or prostitution.
Define culpable homicide
Culpable homicide is the act of causing death, where the perpetrator can be held legally responsible
It includes both murder and manslaughter.
What does possession mean in legal terms?
Possession refers to having control over an item or property, whether legally or illegally
It can relate to drugs, weapons, or stolen goods.
Define aiding
Aiding is helping or assisting someone in committing a crime
This can include providing resources, information, or support.
What is conspiracy?
Conspiracy is an agreement between two or more persons to commit a crime at some future time
It does not require the crime to be carried out; the agreement itself is punishable.
Define abetting
Abetting is encouraging or assisting someone in committing a crime
It can involve direct support or instigation of criminal activities.
What is wilful blindness?
Wilful blindness is the deliberate avoidance of knowledge about a crime or illegal activity
It can be used as a legal term to imply that someone chose not to know about illegal acts.
Define theft
Theft is the unlawful taking of someone else’s property with the intent to permanently deprive them of it
It includes various forms such as shoplifting and burglary.
What is robbery?
Robbery is the act of taking property from a person through force or intimidation
It is considered a violent crime.
Define breaking & entering
Breaking & entering involves unlawfully entering a building with the intent to commit a crime inside
This is often associated with burglary.
What is homicide?
Homicide is the act of killing another person
It can be classified as lawful or unlawful depending on the circumstances.
Define general intent
General intent refers to the intention to commit a crime without the need for a specific intent to cause a particular result
It is a key concept in criminal law regarding the mental state of the perpetrator.
