Unit 3 - Criminal Law Pt. 1 Flashcards
4 Conditions for an Act to be Considered a Crime
- Act must be Considered immoral by most Cnds
- Act must cause harm to individuals + society
- Harm caused by the act must be serious in nature
- The person must be punished by the criminal justice system
Illegal VS Criminal
Illegal: An action that is considered immoral
Criminal: An action that is considered immoral + potentially harmful to others; included in the Criminal Code
Actus Reus - “The Guilty Act”
“Action” eg. hitting another person
“Omission” eg. not feeding a child
“State of Being” eg. possession of stolen goods or being in a gaming house
Mens Rea - “The Guilty Mind”
Act was intentional, knowing, negligent, reckless or willfully blind
Types of Men Rea: RECKLESSNESS
- The careless disregard for the possible results of an action
EX. A person who knows they have a STD has unprotected sex w/ someone; they may not intend to hurt someone, but actions are reckless
Types of Men Rea: WILLFUL BLINDNESS
- Someone purposely ignores certain facts or information
EX. Delivering an unknown package for a known drug dealer w/out asking what is in it
Types of Men Rea: KNOWLEDGE
- Knowing certain facts, or simply knowing smth
EX. Using a credit card that you know is expired or invalid
Types of Men Rea: ATTEMPT
- A person who intends or attempts to commit a crime but fails to complete it
EX. If John tried to kill Jennifer but fails to do so, he is still responsible for this action and is charged w/ attempted murder
Types of Men Rea: CONSPIRACY
- An agreement between 2+ ppl to commit a crime
EX. Linda + Nathan plan to break into a house & steal electronics
Parties to an Offence: Aiding, Abetting, Accessory
Being a party to an offence (+indirectly) = crime
Aiding: A person may be charged if they assist/helps someone commit a crime.
Abetting: Act of encouraging a person to commit a crime.
Accessory: If a person knows a crime has been committed but helps the person responsible w/ escape or hiding from police
Regulatory Laws
Fed or prov statues meant to protect the public so “mens rea” doesn’t need to be proven.
Regulatory Offences
- Environmental Protection
- Workplace Safety
- Hunting & Fishing Regulations
- Traffic Offences
Strict Liability Offences
Accused may agree that they did the offence BUT can defend themselves by claiming “due diligence” (careful planning to avoid the offence).
Absolute Liability Offences
No defence possible! Once Crown proves that the offence did occur + the accused was responsible for it, court must find the accused guilty.
- No prison sentences, only FINES
- Easier to prove
- Takes less court time
- Protects the public
- Encourages citizens to obey the law
- Makes regulation straightforward
- Prevents defence being raised as an excuse
Summary Offences
A less serious criminal offence - misdemeanors
EX. Shoplifting
- Usually proceed very quickly through the system + tried in prov courts before judge alone
- Max penalty: Fine up to $5000 and/or 6 months in prison
