Test number 2 Flashcards
!00%
What document outlines criminal offences and punishments?
Criminal Code
How was the common law created?
Based on past precedents and cases
What can a wrongful act include?
Something didn’t do but should
What is the max penalty for a summary offence?
2000$ or 6 months in jail
What are the two main elements of a crime
Actus Reas and Mens rea
How can a person be guilty of a criminal offence and not complete the act
Abetting/ attempt/aiding
Define Recklessness
A state of acting carelessly without regard for the consequences of one’s action
Define aiding and abetting
Assisting someone to make a criminal offence. Encouraging or urging another person to commit a crime
How are judges hired in the criminal division of provincial court?
Appointed by Provincial Gov
What matters does the Supreme Court of Canada consider
Issue of great importance Final Appeal
What is the purpose of Criminal Law
To Safeguard Canadian of driving safely and not be subject to physical harm
What is the Max penalty for indictable offences
Life imprisonment
In what type of cases can the crown decide how to proceed?
Hybrid Offences
Who decides the penalty for an indictable offence
Trial judge
Define actus reas
A wrongful deed: physical act of a crime
What type of evidence is motive
Indirect/ circumstantial evidence
Define Attempt
Act done with the intent to commit a criminal offence but without success
What occurs in the criminal division of provincial court
Summary conviction and less serious indictable
Which government makes criminal law
The federal gov
Which court hears legal disputes involving the federal government
Federal Courts
Define criminal law
Crimes and punishments
Define Civil law
Deals with wrongs committed against an individual
What court will rule on a summary conviction case
Provincial courts criminal division
In criminal justice system, how must guilt be determined
Beyond a reasonable doubt
what is a guilty mind
Mens rea, mental element of one’s criminal creations
what is the careless disregard for others
Reddesoness
what is accessory after the fact
If you knowingly help a person to escape or hide from police
What are the options for a case being heard in provincial superior court
Judge and jury
What is it called to encourage someone to commit a crime
Abetting
What court hears appeals from the trial division of provincial superior court
Provincial court of appeal
define summary offences
A minor criminal offence with less severe punishments which is usually tried soon after the charge is laid
Define indictable offences
A serious criminal offence with a severe penalty, proceeding by way of a federal court document called an indictrent
define hybrid offences
By way a summary conviction or an indictable offence
Define intent
The state of mind of a person who commits an action deliberately and on purpose
What is the final court of appeal
Supreme court of Canada
Which court sets Provincial precedents
Provincial court of Appeal
Define motive
The reason for committing a certain act
Define criminalize
To make a behavior a criminal offence in the criminal code of other criminal statue
Define decriminalize
To make a behavior that was illegal punishable only by fines
Define legalize
To make an act completely legal by removing it from the Criminal code or other Criminal statue
Which is more important to prove motive or intent? Why?
Intent having a motive does not mean the accused is guilty
Example of aiding and abetting
Telling someone to go rob a bank and then driving them their.
