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48 Cards in this Set
- Front
- Back
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Fraudulent |
Requires a dishonest or immoral intent. |
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Theft |
Every one commits theft who fraudulently and without colour of right converts to his use or to the use of anther person, anything whether animate or inanimate, with intent, a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or intent in it. |
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Theft over $5000 |
Indictable offence |
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Theft under $5000 |
Dual/Hybrid Offence |
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what are the 3 types of Aggravated Offence? |
Wounds Maimis ( something that never going to get better) Disfigures |
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4 components of Criminal Harassment? |
a) Repeatedly follow the other person/someone known to other person b) Repeatedly communicate, direct/indirect to another person c) Beset or watch the dwelling house of another person or someone known to them, or where they work or happen to be, d) Engage in threatening conduct (direct or indirect at another person/their family. |
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What is the mens rea in the sexual harassment offence? |
knowingly or recklessly harassing a person by engaging in that conduct, thereby causing a person to fear for his/her safety or safety of another person. |
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What is the mens rea in uttering threats? |
mens rea for this offence is uttering the words with the intent that they will intimidate or be taken seriously |
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What is the actus reus in uttering threats? |
actus reus for this offence is the uttering of threats of death or serious bodily harm |
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What are some components of common assault when (committing an offence)? |
- without the consent of another person - applies force intentionally to another person -directly -indirectly |
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what are some components of common assault when someone (attempts or threatens)? |
-by a act or gesture -to apply force to anther person -if he/she has, or causes other person to believe or reasonable grounds that he has, -present ability to effect his purpose |
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what are some components of common assault when someone is (carrying a weapon/wearing)? |
-fake weapon -Accosts(interfering) or, -Impedes another person - or begs |
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Motor Vehicle Offence |
failing to stop when involved in an accident |
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Criminal Negligence |
Criminally negligence who: a) in doing anything b) in omitting to do anything that it is has duty to do, shows want on or reckless disregard for the lives or safely of other persons. Criminal Megligence doesn't involve a specific act or omission. It can arise in the doing of any act, or in omitting to do any legal duty |
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What are the two types of Criminal Negligence? |
1) Criminal Negligence causing death 2) Criminal Negligence causing bodily harm |
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Civil Negligence (civil law) |
"imposes on all persons a duty to act in a manner that does not cause harm to other person or their property" - Failing to meet the standard o reasonable persons |
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Criminal Negligence (criminal law) |
- Requires a greater degree of misconduct than civil negligence (courts are unclear whether objective or subjective standard should be used) - However at the same point the conduct is such a departure of what society expects that the wrongdoer becomes guilty of criminal act. |
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Sexual Interference |
It is an offence to touch, directly or indirectly, for a sexual purpose, a child under the age of 16. |
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Invitation to sexual touching |
It is an offence to encourage a child under 16 to touch, directly or indirectly, for a sexual purpose**, the body of any person |
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Sexual Exploitation |
Combines the offence of sexual interference and invitation to sexual touching where the complainant is 16 to 18 years of age and the accused is in a position of trust or authority, or the complainant is in a relationship of dependency. |
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Trespassing at Night |
It is an offence to loiter or prowl at night on the property of another person near a dwelling house. |
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Loiterer |
One whose movement appears to have no purpose or reason |
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Prowling |
Some element of evil or wrong doing |
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Homicide |
- the causing of death of a human being - Not all homicides are crimes - only those which are culpable Homicides are culpable are either: 1) Justifiable 2) Excusable |
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Culpable Homicide |
1) Murder 1st/2nd 2) manslaughter 3) Infanticide |
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Unborn child |
- A fetus (unborn child) is not a human being under the criminal code - It is a homicide if injury is caused to a fetus that dies after being born - If a fetus dies before being born then the death is not homicide |
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Cuasation |
Where a person, by an act or omission, does anything that results in the death of a human being |
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Difference between Murder and Manslaughter |
Murder: requires specific intent ( to cause a personal's death) Manslaughter is general intent ( usually when the accused has recklessly caused by death) |
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Infanticide |
Newborn babies Woman Death of Child Child of accused Death by a wishful act or omission of accused |
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Murder |
S.229 Culpable homicide a) where the person who causes the death of a human being -means the cause of his/her death -means to cause him bodily harm that he/she knows is likely to cause his death |
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Attempted Murder |
-Have the intent, but they don't die -same level of intent |
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Accessory after the fact to murder |
-when the offence is murder, there is also a distinct offence of being an accessory after the fact |
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First Degree Murder |
Planned or Deliberate (purpose) more than intentional |
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Second Degree Murder |
Not Planned or deliberate (intent to kill still) |
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Sentences for Murder |
1st and 2nd both punishable by life imprisonment, but they differ regarding eligibility for parole |
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1st degree murder sentence? |
25 years/parole |
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2nd degree murder sentence? |
10 years/parole |
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Murder reduced to manslaughter: two types? |
Intoxication / Provocation |
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Provocation |
Can only be used for offence of murder: a) a wrongful act or insult b) sufficient to deprive an ordinary person of the power of self-control c) that actually provoked the offender, who acted in response to it. d)On the sudden, before there was time for his/her passion to |
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perjury |
Knowingly making a false statement under oath at a judicial proceedings |
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What must crown prove for perjury: |
1) Evidence given was false 2) The witness knew when giving the evidence that it was false; and 3) the false evidence was given with the intent to mislead |
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Obstructing a police officer: Essential Elements |
1) Accused obstructed 2)The obstruction was willful 3)Person obstructed was a public or peace officer 4) Officer was in the law execution of his or her duty 5)It is not obstruction to do anything (unless theirs a duty of act) |
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Bribery |
In general form of briber is the accepting or offering of an undue reward r "payoff" one type involves a public official ( ex. judge/MP/MLA) |
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Bribery offence |
1) accepting a bribe 2) agreeing to accept a bribe 3) Soliciting or trying to obtain a bribe |
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Terrorism: |
-Knowingly collecting or providing funds to carry out terrorist crimes -Knowingly participate in, contribute to, or facilitate the activities of a terrorist group (max 10 -14 years) -Commit a indictable offence for the benefit of, at the direction of, or in association with a terrorist group (max life) -Instruct anyone to carry out a terrorist activity on behalf of a terrorist group (max life) -knowingly harbour or conceal a terrorist |
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Unlawful Assemblies: |
It is a summary conviction offence 1) assembly of 3 or more offence 2) those persons have the intent to carry out a common purpose 3) their conduct (or manner of assembling) causes the persons in the neighborhood to fear on reasonable grounds that they will disturb the peace. |
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Riots |
A riot is unlawful assembly that has begun to disturb the peace tumultuously |
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Differences between riot and unlawful assembly |
-A person who is a part of an unlawful assembly that has began to disturb the peace is not necessarily part of the rioting. - For a riot charged, the person must actually take part in the rioting - In addition, the person must intend to take part in the riot or be so reckless as to have acted as if he/she intended to take part in the riot. |
