Unit Three: Criminal Law Flashcards
What is the Criminal Code
body of public law that defines crimes and their punishments
what jurisdiction does criminal law fall under
federal jurisdiction, applies to everyone in canada the same way
who passes laws to change the criminal code
Parliament
who lays charges on people accused of crimes
Prosecutor
an accused can be found guilty or ____
(freed of criminal charges) by the court
acquitted
Three Principles of Criminal Law
1) Innocent until Proven Guilty
2) Burden of Proof is on the Crown to Establish the Accused is guilty
3) Guilt Must be Proven Beyond a Reasonable Doubt
Summary Conviction Offence
- Minor Offences ( no physical harm to the person)
- Max Penalty is $5000 or six months in jail
- charges have to be laid out within 6 months
- Trails are Heard in Provincial Court
Indictable Conviction Offense
- Serious Crimes with More Severe Penalties
- Max Penalty is life in prison, may have minimum penalty
Hybrid Offences
- Most Offences is Criminal Code are Hybrid
- Up to The Crown to Proceed with Summary ( Less Severe ) or Indictable ( Severe ) Punishment
- Max Penalty is 2-10 Years
Actus Reus
Doing the Wrongful Act and was There for The Crime
Men’s Rea
When Someone has the mental intent to do a crime
For Something to be Men’s Rea it Has to Have…
1) Intent : Thinking Behind Doing a Crime
2) Knowledge : Knowing Something is illegal and Still Doing it
3) Reckless : Careless Disregard for Person or Property
( Motive but not taken into account when judging )
The Two Types of Intent
General : intent that’s not against the specific victim, no motive in mind
Specific : a crime that leads to another crime ( Stabs Someone to Steal Car )
Parties to a Crime is…
- A Person who Commits the Crime
- Person who helps someone commit a crime
- Person who helps criminal escape
The Difference between Aiding and Abetting
Aiding : Assisting in the Crime and physically being there for the crime
Abetting : Instigating or Encouraging Someone to do a Crime
Regulatory Laws
Federal and Provincial Statues meant to Protect the Public
( Laws with Environmental Protection, Workplace Safety, Traffic Offences )
Regulatory Laws do not need Men’s Rea
Two Types of Regulatory Laws
Strict Liability : Accused Admits Actus Reus ( Doing the Crime ) but can use Due Diligence ( The Accused tried to avoid the Offence) as a Defence
Absolute Liability : No Defence Possible, Penalty has to be a fine ( Cannot be Prison Time )
Due Diligence
The Accused tried to Avoid the Crime from Happening
Arraignment and Preliminary Hearings have to be in…
Provincial Court
Juries are only in..
Provincial Supreme Court
Appeals go to…
Supreme Court of Canada
ACCESSORY AFTER THE FACT
knowing that a crime has happened or a person is a party to a offence but dose not alert the authorities or let them escape
QUASH
to set aside a conviction or get rid of it
