Week 5 (Midterm Review)

Question 1

3 Categories of Criminal Code Offences

Answer 1

• Offences punishable by summary conviction
• Indictable offences
• Hybrid offences (deemed indictable until decided)

Question 2

Actus Reus

Answer 2

-3 parts (conduct, consequence, and circumstance)
-By commission or omission
-Voluntariness (must be voluntary)
-Causation (must be the direct/indirect cause to a circumstance)
~I.E. act that leads to a homicide
-Crown’s onus (beyond a reasonable doubt)

Question 3

Mens Rea

Answer 3

• The fault requirement
• 3 categories;
  
  1. Subjective mens rea
  2. Criminal negligence
  3. Predicate offences
• Crown’s onus (beyond a reasonable doubt)

Question 4

Commission of an Unlawful Act (Actus Reus)

Answer 4

-Combination of conduct, consequence and circumstance

Question 5

Omission Where Under a Legal Duty to Act (Actus Reus)

Answer 5

-Legal duties distinguished from moral duties
-Criminal Code duties;
~Duty to provide necessaries of life
~Duty of doctors
~Duty of personsn undertaking act
-Common law duties (avoid causing foreseeable harm to others)

Question 6

Voluntarinness

Answer 6

• Accused must have a willing mind

- Contrasted with “involuntariness”

Question 7

Involuntariness

Answer 7

• Committing an act involuntarily

- I.E. seizure, reflex, etc.

Question 8

Causation

Answer 8

• The cause-and-effect relationship between actions of accused and consequences of offence
• Standard: must be a significant factor contributing cause

Question 9

Subjective Mens Rea Offences

Answer 9

• What was in the mind of the accused at time of offence?

- S.7 of Charter requires it for certain criminal offences (murder)

Question 10

Crimes of Objective Fault (Mens Rea)

Answer 10

-Was there a marked departure from the standard of care of a reasonable person?
~Should they have known consequences of act?
-Dangerous driving, criminal negligence, manslaughter by criminal negligence, etc.

Question 11

Offences Based on Predicate Offences (Mens Rea)

Answer 11

• Mens rea has 2 parts;
  
  1. Required mental element of the underlying predicate offence
  2. Objective foresight of bodily harm from act
• I.E. Unlawful act manslaughter

Question 12

Absolute Liability Offences

Answer 12

• Crown only need to prove the actus reus (guilty act)

- Cannot be sent to jail (against s.7 of Charter)

Question 13

Strict Liability Offences

Answer 13

-Crown must prove actus reus
-Up to accused to show ‘due diligence’ (steps to prevent)
~Based on balance of probabilities

Question 14

Regulatory Offences

Answer 14

• Are prima facie

- Classified as strict liability

Question 15

Incomplete Offences

Answer 15

• Attempt
• Counselling
• Conspiracy

Question 16

Attempt

Answer 16

• Intention to commit the offence (mens rea)

- Taking steps to commit offence -more than mere preparation (actus reus)

Question 17

Counselling

Answer 17

• Deliberate encouragement or inducement of committing an offence (actus reus)
• Intention the offence be committed
• Counselling while aware of risk of offence (mens rea)

Question 18

Conspiracy

Answer 18

• 2 or more people
• Agreement to pursue criminal objective (actus reus)
• Intention to follow through (mens rea)

Question 19

Parties to an Offence

Answer 19

• Aiding and abetting

- Accessory after the fact

Question 20

Aiding and abetting

Answer 20

• Liability based on failure to act

- Mere presence or passive acquiesnence not enough for guilt

Question 21

Acccessory After the Fact

Answer 21

-Distinct offence (lesser max. penalties)