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Law 11 > Unit 4 – Criminal Law > Flashcards

Unit 4 – Criminal Law Flashcards

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1
Q

Conditions for a crime

A
  1. The action must be considered immoral by most Canadians
  2. The person’s actions must cause harm to society or to an individual victim
  3. The harm caused must be serious
  4. The person must be punished by the criminal justice system
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2
Q

2 Elements of a crime

A

Actus Reus

  • Guilty act
  • Physical act involved in the crime
  • Must be voluntary (no sleep walking, or treat/duress)

Mens Rea

  • Guilty mind
  • Deliberate intention to commit the act, with disregard for consequences
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3
Q

Mens Rea – 2 types of intent

A

General intent

  • Intent to do an action solely for its own sake
    • ex. punching someone cause you’re angry

Specific intent

  • Person commits wrongful act to commit another one, has an ulterior motive
    • ex. assaulting someone to steal their car
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4
Q

Involvement – the perpetrator

A
  • Person who actually commits the crime
  • Present at the scene of the crime
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5
Q

Involvement – aiding

A
  • Helping the perpetrator commit a crime
  • Don’t have to be present at the scene of the crime
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6
Q

Involvement – abetting

A
  • Encouraging the perpetrator to commit an offence, without providing physical assistance
  • ex. cheering on a fight
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7
Q

Involvement – counselling

A
  • Involves advising, recommending, or persuading another person to commit a criminal offence
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8
Q

Involvement – accessory After the Fact

A

Knowingly receives, comforts, or assists a perpetrator in escaping from the police

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9
Q

Involvement – party to a common intention

A

Shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit

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10
Q

Attempt to commit a crime

A
  • The intention to commit a crime, even when the crime is not complete
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11
Q

Conspiracy to commit a crime

A

An agreement between two or more people to carry out an illegal act, even if it does not actually occur

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12
Q

Arrest

A

Legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody

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13
Q

Detention

A

Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint

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14
Q

First and second degree murder, manslaughter

A

First Degree

  • Planned and deliberate, causes death

Second degree

  • Not deliberate, didn’t include a police officer, wasn’t involved in another severe crime

Manslaughter

  • Any culpable homicide not classified as murder or infanticide
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15
Q

Three levels of assault

A

Level 1

  • Intentionally applying force, attempting or threatening force, etc.
  • 5 YEARS MAX in prison

Level 2

  • Assault with a weapon, causing serious bodily harm that has consequences for victim
  • 10 YEARS MAX in prison

Level 3

  • Aggravated assault that maims, disfigures, etc.
  • 14 YEARS MAX in prison
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16
Q

Three levels of sexual assault

A

Level 1

  • Most common; non-consentual touching of a sexual nature
  • 10 YEARS PRISON MAX

Level 2

  • Sexual assault with a weapon or threat of use of a weapon
  • 10 YEARS PRISON MAX

Level 3

  • Aggravated and violent; mains or disfigures victim
  • LIFE IMPRISONMENT MAX
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17
Q

Defence – Mental Disorder

A
  • Insanity defense or disease of the mind
  • Cannot be held criminally accountable
18
Q

Automatism

A

Insane

  • mental disorder which makes one unaware of what they’re doing

Non-Insane

  • involuntary actions, accused is unaware
19
Q

Intoxication

A
  • Claim that being overpowered by alcohol or drugs made them lose self-control
  • Can’t be used as a defence any more
20
Q

Self-Defence

A

The use of reasonable force to defend against an attack

21
Q

Battered woman syndrome

A

Effects of prolonged spousal abuse, feeling of inability to escape

22
Q

Defence of Dwelling

A

Unlawful entry/removal of trespasser; allowed to use reasonable force to remove person

23
Q

Necessity

A

The accused had no reasonable alternative to committing an illegal act (to avoid greater harm)

24
Q

Compultion/Duress

A

Accused person is forced by the threat of violence to commit crime against their will

25
Q

Provocation

A

Words or actions that are insulting enough to cause an ordinary person to lose self-control and commit MURDER

26
Q

Treaty Rights

A

Indigenous people can use this defense to prevent being prosecuted for events that would otherwise cause criminal charges
i.e. fishing

27
Q

Mistakes of Law and Fact

A

Ignorance of the law or honest mistake which led to breaking the law

28
Q

Double Jeopardy

A

Accused person cannot be tried twice for the same offence

29
Q

Alibi

A

Accused claiming that they were somewhere else at the time of the crime

30
Q

Entrapment

A

When police (usually undercover) persuade someone to commit a crime

31
Q

Offenses against property

A
  • Theft
    • Stealing property >$5000 max 10 yr.
    • <$5000 max 2 yearr max
  • Robbery
    • Theft using a weapon or threats
  • Breaking & entering
    • Breaking or opening something with the intent to commit an indictable offence
    • max. 10 yr for commerial property
    • max life in prison for home invasion
32
Q

Mischief

A

Willfully damaging or destroying property or data

33
Q

Public Mischief

A

Providing false info that midleads or tricks police in their investigation(s)

34
Q

Fraud

A

Intentionally decieving someone to get

35
Q

Prostitution

A

sexual services for money

36
Q

Gambling

A

Illegal betting; indictable offense, max 2 years

37
Q

Preliminary hearing

A

Determines whether there is sufficient evidence to put the accused person on trial

38
Q

Challenge for cause

A

Juror is removed from jury (usually due to a bias)

39
Q

Physical evidence – tools

A

Object, impression, or body element that can be used to prove or disprove facts in a case

40
Q

Physical Evidence – Impressions

A

Patterns or marks found on various surfaces, caused by different objects such as fingers, gloves, shoes, tires, or tools

41
Q

Grant test

A
  • Determines if evicence obtained while breaching charter rights can be admitted
  1. Seriousness of the charter-infringing state conduct
  2. How much it impacts the accused’s charter-protected rights
  3. Society’s interest/opinion on the right being

Law 11 (5 decks)

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