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42 Cards in this Set

  • Front
  • Back

What is a criminal offence?

any offence against a statute of canada or the revised statute of canada.

Provincial offences are criminal offences. True/False

False

What are annotations?

summaries of relevant case law

What are the 4 cornerstones of justice?

innocent until proven guilty




Proof beyond a reasonable doubt




fair and public hearing




Burden of proof is on the crown

What are the elements of an offence?

Actus Reus




Mens Rea

What are the 4 components of Actus Reus?

Conduct




Circumstances




Consequence




Causation

What are the 4 components of Mens Rea?

Intention




knowledge




recklessness




Willful blindness

Wat does animate mean?

A living thing

What does Inanimate mean?

Without life

The Doctrine of Recent posession was developed through ___________ law

Case law

What does Animus Furandi mean?

Intent to steal

Animus Furandi must be present in all theft cases. True/False?

True

What is the actus reus in theft?

The taking or converting of anything.




Moving or beginning to cause it to be movable if it is done with the intent to steal

What is the mens rea in theft?

Taking or converting was done fraudulently without colour of right.




Also requires that accused had the intent to deprive the owner of the property temporarily or permanently

Theft over $5000 is a/an _____________ offense

Indictable

Theft under $5000 is a/an ____________ offense

hybrid

What is "converting" property?

A person has converted property when they have legally obtained the property but fail to return it.




E.g. a library book

A person commits assault when, without the ________ of another person, ________ ________ intentionally, directly or inderectly.

consent, applies, force, directly, indirectly

What is the actus reus in assault?

The physical act of applying force without the consent of another person.

What is the mens rea in assault?

Intentionally applying force without the consent of another person

Actual physical contact is required for an assault. True/False

False

What is Assault with a weapon or Causing bodily harm?

Assault plus carries,uses or threatned to use a weapon or imitation



Or




Causes bodily harm

Who decides if an assault is aggravated?

The courts

What is an aggravated assault?

everyone commits an aggravated assault who:




Wounds, maims, disfigures or endangers the life of the complainant

What is the mens rea for aggravated assault?

The mens rea for assault plus objective foresight of the risk of bodily harm

What are the 3 levels of assault?

Assault




Assault with a weapon or causing bodily harm




Aggravated assault

Consent to sexual touching must be ________

Freely given with knowledge of the nature of the act being consented to

Consent is not valid if it is the result of _________

The applicaton or threat of application of force




Fraud




The exercise of authority

What is robbery?

Theft with violence

The violence during a robbery needs to be directed at the person being robbed True/False?

False

The accused needs to be armed in robbery True/False?

False

The minimum sentence for robbery is __________?

4 years

The maximum sentence for robbery is _________?

Life

Causing a disturbance is a _________ offence

Summary

When is breaking and entering an indictable offence?

If in relation to a dwelling house

What is the definition of night in the Criminal Code?

9pm-6am

What is the stare decisis doctrine?

To stand by what has been decided and the lower courts must stand by what the higher courts have decided

It is a criminal offence to violate a persons charter rights. True/False?

False

What is Section 24 of the charter known as?

The Remedy Section

What are 4 examples of true defences

Mental Disorder


Intoxication


Necessity


Duress & Compulsion



What are the 2 classes of defences?

True Defences


Passive

What is the actus reus for fraud?

Dishonesty and Deprivation