Unit 3 - Criminal Law Flashcards
What is criminal law?
Deals with offences committed against society as a whole. As opposed to civil law (offences against individuals), bylaws, regulatory offences
What are the two key elements of a crime?
Actus Reus: the guilty act or action
Mens Rea: the guilty mind
What is onus?
Responsibility
What are 3 types of actus reus?
• A person’s action
• omission: failure to act
• state of being: possession of something
What is intent?
Person’s state of mind is such that they desire to carry out an action and can foresee the likely result
What are the two types of mens rea?
General intent: you meant to do the thing
Specific intent: you meant to do the thing and for all the consequences that follow
What is motive?
The rationale for committing an offence. A person can have motive and not commit an offence.
What is recklessness?
Is taking a risk where the result of an action - committing a crime is foreseeable.
• intent to commit action
• risk is unreasonable
• actor knows it is likely to result in harm to others
Rules for intoxication
Still responsible for consequences unless it was by accident or done by someone else
What is considered an accident?
You’ve done your job but something still happens.
What is considered negligence?
You didn’t do your job or you break the law and something happens.
What is wilful blindness?
When a person is aware of the need to inquire further, but chooses not to, because they’d rather not know the truth
Criteria for first degree murder
Specific intent: meant the action and meant the consequence of death. Preplanning.
Criteria for second degree murder
Specific intent: meant the action and the consequence of death. No preplanning
Criteria for manslaughter
General intent: meant the action that resulted in death. Didn’t intend for death. Often result of negligence/recklessness
What is strict and absolute liability?
• separate category offences, less serious than those found in the Criminal Code
• these are more regulatory offences, for the general safety of the public not for punishing offenders
Define strict liability
• all you need to prove for conviction is that the act was committed
• can use the defence of due diligence
Define absolute liability
• does not require mens rea
• cannot use due diligence as a defence
• so guilty no matter the precautions you have taken
What is attempt?
Once you’ve taken any measure or action to carry out an offence
What is conspiracy?
An agreement between two or more persons to carry out an unlawful action or to perform a lawful action by unlawful means.
What is a party to an offence?
Any person who commits an offence, aids a person to commit an offence, or abets a person committing an offence is a part to an offence under section 21 of the Criminal Code
How are you charged if you aid or abet a crime?
• Under section 21(2), a person who plans an offence is just as guilty as the person who does it.
• if you incite somewhat to an offence you are equally as responsible as well.
What does aiding mean?
• to assist the principle offender in commission of the crime
• could be before or during the crime
What does abetting mean?
• to encourage a person to commit a crime
• could be before or during the crime
What 3 things do you need to prove to convict someone for aiding or abetting?
• the crime was committed
• the accused does some act that actually aids or abets the commission of the offence
• the accused had mens rea for the offence (know the principle intending offence, intend to help them)
What is common intention?
Two or more people have a common intention to carry out a crime and to aid each other in the offence. If one of them commits an offence on the side that was foreseeable when committing the original offence, the person who didn’t do the other offence is guilty as well.
What is an accessory after the fact?
Someone who helps a person who has committed a crime to escape detention or capture.
• occurs after crime committed and includes providing food, clothing, shelter
What is the criteria for abandonment?
1) there was an intention to abandon or withdraw from the unlawful purpose
2) there was timely communication of this abandonment or withdrawal from the person in question to those who wished to continue
3) the communication served unequivocal notice upon those who wished to continue
4) the accused took, in a manner proportional to their participation, reasonable steps in the circumstances to either neutralize or cancel out the effect of their participation to prevent the commission of the offence.
What is the charge for bystanders if any?
Unless they have a legal duty to act, or in absence of laws for a specific situation, mere bystanders are not guilty of any crime.
