unit 3 Flashcards
mens rea
the guilty ideology
actus reus
voluntary guilty action
intent
when someone intends on performing a criminal action
motive
the reason behind why someone commits a crime
recklessness
taking an unjustifiable risk
negligence
doing or omitting something any reasonable person would have otherwise acted upon
willful blindness
when you willingly turn away from the truth or fact in order to earn something
strict liability offences
does not require men’s rea and can be excused by due diligence in court for those not directly involved
absolute liability offences
an offence that does not require mens rea but cannot have any other defence. results in fines, not jail time
due diligence
steps taken by someone to satisfy a legal requirement, usually buying or selling something
aiding
when someone helps the perpetrator commit the crime but is not at the scene them self
abetting
encouraging someone to commit a crime but not providing any physical assistance
counselling
advising, recommending, and persuading someone to commit a crime
accessory after the fact
knowing that someone is involved in a crime after it happened and providing them assistance instead of reporting them
party to a common intention
same party as the perpetrator, charged with additional crimes that they were not directly involved with, assumed to have the same intentions
conspiracy
an agreement of two or more people to commit an offence intending a criminal objective that is considered an offence of intent
what is the judge’s role
guides the court and delivers the final verdict
what do the defence and crown attorney do?
provide defences for their respective client
what does the crown do?
tries to prove the guilt of the accused
what does the accused do?
the accused must defend themselves
what does the accused do?
defend themselves
what does the witness do?
provide testimonies for what, where, and when of the crime
what does the jury do?
they are randomly selected from the public to hear the case and provide their own verdict that the judge will take it into consideration
court room setup
judge sits at the front with the clerk, crown sits on the left and defense is on the right
what are hybrid offences?
where the prosecutions can choose to proceed the trial with indictment or summarily
what is first degree murder
premeditated
what is second degree murder
second is intentional to kill but not planned
manslaughter
no intention kill
non-culpable homicide
self-defence
what is B & E
breaking and entering a place with intention
what does impaired mean
when someone is under the influence
duress
coerced or violently pressured to commit a crime
what is provocation
when a person commits a crime because of events that happened in the past that caused them to lose control
details of the shaw case
- child abandonment
- shaw’s son was killed in car unsupervised
- let his son play outside by himself downtown toronto
Addy case details
- purchased a satellite dish from stranger
- charged with possession of stolen item
- argued that mens rea was justified with willful blindness because of red flags ignored
details of coffee throw case
- viviya assaulted by having hot coffee thrown on her
- bystanders record
- assailant could be charged with assault
- bystanders could be charged with party to an offence for abetting
kerster case
- tried to email and buy sex services of an 11 year old
- went out with the constable’s wife who was acting to sell the service on an 11 year old
- went to hotel got arrested, fake 11 year old, no actus reus
r v mcgilivray
- driving boat in a known swimming area
- group of teens signaled that they were there but he hit them
- killer one injured others
- his charge was contrary to section 249 of CC at the time
